Dealing with a divorce. If your ex has already filed for a legal separation or divorce you can petition the court in which the case is pending to grant you exclusive possession of the marital home based upon your ex s abandonment of the home.
If you own your home and your name is on the deed you re in the clear.
How to get an ex out of your house legally. She d have a loooooong way to go to prove as his ex gf that she s. For example you can tell an ex boyfriend an ex girlfriend a former spouse or a former friend to stay out of your home or apartment. But if you re renting your name must appear on your lease as the tenant and it s much better if your ex s name isn t on it.
Getting the tenant out the judge decides at the court hearing whether you should get an eviction order so bring your documentation to show that you served all the notices properly and did everything correctly. Talking to a skilled real estate lawyer would help. But you can send him a notice in accordance with local law evicting him.
If you absolutely must get you ex out of the house your best ally is an experienced divorce attorney contact one today. Get your case reviewed for free now. If he does not move out you can get a court order and very likely a writ of assistance directing the sheriff to remove him.
A person who stays in the home of a landlord for an extended period of time can also be considered to have a lease and be classified as a licensee depending on state law some states even say it. Seeking exclusive possession through a court. You can tell anyone to stay away if the person has no right to come into your home or onto your property.
If the op has made her pay anything towards rent or bills in acknowledgement of her staying in the house he is pretty safe. You must have a legal right to possess the residence before you can take action to make your ex leave. You cannot tell someone to stay off your property if the person has the legal right to be there.
Consumer injury family. If you have a house guest that is legally recognized as a tenant because they have lived with you for 30 days you may have to formally evict them by serving the necessary legal paperwork and possibly taking them to court. Difference between a guest a tenant.
Assuming you get an order the tenant will have a little extra time around five days or so to pack up his things and move out.