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gesynjoya · Mar 25, 2010, 07:13 AM

After my husband was ask to vacate the house on 08/09 by the court following a domestic violence , my step son who is 23 years became hostile toward me in the house, disrespectful and arrogant. I gave him a 30 day notice to vacate on October 2009.
Following that I went to the court to ask an eviction. My husbancame to court as his witness and told the judge that he did not want his son to live the house.
Based on that the judge decided that since the house belong to both of us, he can not ask my step son to live. But since my husband left he his not paying his part of the mortgage. I am facing foreclosure now. I either want to ask my step son who is working, to pay the rent or live the house so I can rent the basement to someone who is going to help to pay my mortgage.

smoothy · Mar 25, 2010, 07:22 AM

He is legally an adult... and yes they CAN put him out via an eviction process.

AK lawyer · Mar 25, 2010, 07:37 AM

Originally Posted by gesynjoya

... based on that the judge decided that since the house belong to both of us, he can not ask my step son to live. but since my husband left he his not paying his part of the mortgage. i am facing forclosure now. i either want to ask my step son who is working, to pay the rent or live the house so i can rent the basement to someone who is going to help to pay my mortgage.

It looks like the judge wasn't aware of these pertinent details:
1. neither your husband nor your step-son is helping to pay the mortgage.
2. you need the step-son (or husband) to be ordered to pay or leave.

I would go back to court and emphisize what you want: an order that your step-son pay what you are asking (past due and on an continuing basis). The judge needs to find out (at a hearing, I expect) what he intends to do regarding payment. And if he won't pay immediately, the judge needs to order eviction.