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shario · Dec 29, 2008, 02:46 PM

He has been in my house for 13 yrs. Has never paid a dime to live here. He can't keep a job and doesn't seem to try to get one. He drinks A lot!! He is DRUNK out of his mind at least 3to4 days out of a week. I've had it and want him OUT!! He will not leave on his own. He really has no where to go. But I don't think that's my problem. He is verbally abusive with me and our son. I've asked him to leave but he just laughs and says I will never leave and you can't make me. I know he is wrong but I need to find a legal way out of this situation. PLEASE HELP ME!! I can't take it anymore!!

andrewc24301 · Dec 29, 2008, 02:58 PM

If it is your house and ONLY your house (he is not on any lease or anything. Go to the courthouse and file an eviction notice.

In my experience with this, an eviction must be issued, in my juristicition, the evictee is allowed to stay for up to 30 days.

However if the is being abusive, the solution may be much simpler, call the law on him when he starts acting up. Most police agencies are quick to get troublemakers out of a home.

JudyKayTee · Dec 29, 2008, 03:22 PM

Originally Posted by shario

He has been in my house for 13 yrs. Has never paid a dime to live here. He can't keep a job and does'nt seem to try to get one. He drinks ALOT!!!! He is DRUNK out of his mind at least 3to4 days out of a week. I've had it and want him OUT!!!! He will not leave on his own. He really has no where to go. But i don't think that's my problem. He is verbally abusive with me and our son. I've asked him to leave but he just laughs and says i will never leave and you can't make me. I know he is wrong but i need to find a legal way out of this situation. PLEASE HELP ME!!! I can't take it anymore!!!!

Go to Court and get a restraining order. That will keep him somewhat temporarily out of the house. If the property is in your name, evict him according to the Laws of your State.

The restraining order does not evict him; the eviction order does not keep him from coming around. You have to take the two separate steps to guarantee all bases are covered.

cdad · Dec 29, 2008, 04:06 PM

What state is this in ? Depending on the answer he may be more then just a boyfriend.

shario · Dec 29, 2008, 06:33 PM

We live in Wisconsin. I don't think we have common law.

cdad · Dec 29, 2008, 07:27 PM

Originally Posted by shario

We live in Wisconsin. I don't think we have common law.

Your correct, your state doesn't recognize common law marriage. Thanks for answering back quickly.

sunnyone · Dec 29, 2008, 07:45 PM

I have lived with a man 15 years and want domestic partnership ened what rights do I have in splitting assets monies etc. I have not worked for 15 years his choice

cadillac59 · Dec 29, 2008, 09:48 PM

Get a domestic violence restraining order. Some states (like California) authorize a move-out (kick-out) order be issued at the same time(no need to do a separate action for eviction). Check with a local attorney about this.

lisacrowley39 · Oct 3, 2011, 04:23 PM

Im in the same position but I live in pa which is a common law state it sux

Ruvedub · Jun 25, 2012, 08:12 PM

Trust me, the BEST way if he's abusive, to call thee cops and FOLLOW. THROUGH all the way on a dometic violence charge. The key is say he grabbed u by the throat. That's an automatic trip to jail. From there they will file a PROTECTIVE order which police can enforce. They can't enforce a restraining order. Follow everything they say to do IF u really want to get rid of him. Be sure first b c they will not let u get back together w him. Good luck, I only did it 2 years and I'm a widow. So u can do it! Anything over a year of BS id TOOO long!

JudyKayTee · Jun 25, 2012, 09:01 PM

Originally Posted by Ruvedub

Trust me, the BEST way if he's abusive, to call thee cops and FOLLOW. THROUGH all the way on a dometic violence charge. The key is say he grabbed u by the throat. That's an automatic trip to jail. From there they will file a PROTECTIVE order which police can enforce. They can't enforce a restraining order. Follow everything they say to do IF u really want to get rid of him. Be sure first b c they will not let u get back together w him. Good luck, I only did it 2 years and I'm a widow. So u can do it! Anything over a year of BS id TOOO long!

I have 2 problems - your text speak makes it difficult to take you seriously.

Lying to the Police, making up a "throat grabbing incident" - is filing a false report.

AK lawyer · Jun 25, 2012, 09:13 PM

Originally Posted by JudyKayTee

I have 2 problems - your text speak makes it difficult to take you seriously.

Lying to the Police, making up a "throat grabbing incident" - is filing a false report.

I strongly agree, espectially with problem #2. Making things up is not the way to go: if you do you deserve to go to jail.

But there is a third problem:

Originally Posted by Ruvedub

... a PROTECTIVE order which police can enforce. They can't enforce a restraining order. ...

I don't know where Ruvedub get's this idea. Maybe in her home town, but in general the two terms mean more-or-less the same thing.