My brother & his wife live in a 2 flat owned by my mother, who also lives there. My brother & his wife are getting a divorce and his wife won't leave the apartment. They don't pay rent, they just contribute towards half of the property taxes (in Illinois). Can my mother just throw her out or does she need legal help?

valinors_sorrow

Unless there is a written agreement that stipulates tax payments in lieu of rent, both your brother and his soon-to-be ex-wife would be considered guests and your mother may insist any guest leave at any time.

The easiest way is change the locks and place all belonging in storage so all that needs to be transfered is the key to the storage facility. Of course that may mean she pays for a month's rent of the storage unit but it sure can save on emotional fussing. Thanks for posting and I hope that helps.

J_9

I agree with Val on this one, but still be careful about putting her stuff in storage. She may come back and say that certain "things" have been stolen and then you mother may be responsible.

If you go the storage route, please go through the house first and make a list of everything that is hers. When packing up and putting in storage you may need to call the police so that they can witness that everything on the list is packed up properly and put in the storage.