Boy friend owns house

ssuding · Oct 28, 2009, 12:16 AM

Me and my 2 children moved in with my boyfriend in a house he owns outright.[no morgage payment]. Anyway, to make long story short, I told him 2 days ago, I was wanting to move out cause, I just can't handle living with him anymore. He said he wanted his key back and I said no, I need it to get in. [ I am not stupid on what he was planning to do] I haven't found a new place as of yet. Anyway, lastnight he asked for the key again, I said no. He got angry and took the lock and knobs off the front door but, not off the back door. I told him he had better put the knobs and lock back or I would call the sheriff because, I have 2 children here and that is called child endangerment. He threw the knobs and all out in the front yard in the dark and said, call the sheriff.
So, I did and they let me know that it's his house and he can do what he wants to it but, they also told him that the children and myself live here so it my house too. I told them that he has harrassed me for 2 days and it making it impossible for me to go look at another place for fear of being locked out or keeping our things. He told me he was going to have the electric turned off today. I live in Indiana and I need help on what my rights are. I just wanted to leave in peace but, he won't let me.
Thanks for any help.

>Moved from Real Estate Law<

unicorn1 · Oct 28, 2009, 08:58 AM

Quote:

Originally Posted by Romefalls19

Actually, if you don't own the house nor did you sign a lease, you can be kicked out of the house at anytime. You really should have thought things through. If you were planning on moving out, I am sure it didn't happen one morning. You have thought about this for some time, in which you should have been looking for a place to live.

I don't see how this is the guys fault

i agree

Imabadman · Oct 28, 2009, 09:46 AM

OP I’m sorry for your troubles and I can only imagine how hard this is right now. Part of me thinks you were trying to be honest and sincere the other part says you attempted some manipulation to ‘control’ the situation. An ultimatum of sorts. Honestly don’t know, don’t care. Let’s get you through this.

I have to agree with the others. There’s a saying that goes something along the lines, “Don’t crap where you sleep.” Well, it’s to late and it’s going to stink like poo till you get out of there. If I were you I would do whatever you can to evacuate the place ASAP. Even if you must leave possessions. Do this for your kids, get them to a healthy/healthier environment. If your worried about your toaster… get a new one. You get my point, even Indiana says it, "Kids First".

HOWEVER, prior to leaving you can photograph and/or catalog all your possessions. If he refuses to give your possessions back you’ll actually have a fighting chance of a favorable outcome in court, i.e. possessions, property damage, loss, etc. In fact a Sherriff will escort you to retreive them if you so wish. Where as thinking you’ll get 30 days to stay in HIS house with no lease… hun, you don’t even have squatting rights. As I understand for some brief research, note I am NOT a lawyer, he can toss you out at any time.

Good luck with your situation.

ssuding · Oct 28, 2009, 10:19 AM

Thanks for your input really. He came looking for me.[ Not an excuse!] Just a fact begging me to come back to him,and the I love and want you back ok? I screwed up by listening to him . I don't hate this man but, I think it's better for me and my children to stay to our selves in a family way because, me and my children are very close. We love eachother and protect eachother. As far as a lease ,There isn't one and NO, I can't be put out in the state of Indiana . He first, must take me to court and the judge will give me 30 days here. If, that were true what you said , the sherriff would have made me leave lastnight. The sherriff told us BOTH that they can't make me move. I feel he doesn't want me to move but, is angry. The reason, I am upset and wanting to move is because, everything is about him. He thinks he should come before my children.........NOT going to happen ever!!! You are right I should have thought this through.............. I never said it was all his fault, I said, Grow up!!! I want to know why am I the bad guy, when HE is talking about having the ELECTRIC shut off cause, he's mad at me and punishing the children by doing that?????????????? [QUOE=Romefalls19;2056329]Actually, if you don't own the house nor did you sign a lease, you can be kicked out of the house at anytime. You really should have thought things through. If you were planning on moving out, I am sure it didn't happen one morning. You have thought about this for some time, in which you should have been looking for a place to live.

I don't see how this is the guys fault[/quote]

Romefalls19 · Oct 28, 2009, 10:22 AM

Scott,

She has no legal rights as she does not pay any rent. All that would happen is that they would point her to the nearest open halfway home.

Just because she established that she gets rent there, it does not mean that she has a right to stay there if she is not wanted there. If his name is solely on the title and mortgage, he can throw her out. I went onto several legal sites in Indiana for this intel.

Romefalls19 · Oct 28, 2009, 10:25 AM

Quote:

Originally Posted by ssuding

Thanks for your input really. He came looking for me.[ Not an excuse!] Just a fact begging me to come back to him,and the I love and want you back ok? I screwed up by listening to him . I don't hate this man but, I think it's better for me and my children to stay to our selves in a family way because, me and my children are very close. We love eachother and protect eachother. As far as a lease ,There isn't one and NO, I can't be put out in the state of Indiana . He first, must take me to court and the judge will give me 30 days here. If, that were true what you said , the sherriff would have made me leave lastnight. The sherriff told us BOTH that they can't make me move. I feel he doesn't want me to move but, is angry. The reason, I am upset and wanting to move is because, everything is about him. He thinks he should come before my children.........NOT going to happen ever!!! You are right I should have thought this through.............. I never said it was all his fault, I said, Grow up!!! I want to know why am I the bad guy, when HE is talking about having the ELECTRIC shut off cause, he's mad at me and punishing the children by doing that?????????????? [QUOE=Romefalls19;2056329]Actually, if you don't own the house nor did you sign a lease, you can be kicked out of the house at anytime. You really should have thought things through. If you were planning on moving out, I am sure it didn't happen one morning. You have thought about this for some time, in which you should have been looking for a place to live.

I don't see how this is the guys fault

[/quote]

There does have to be the lease, the Sheriff didn't make you leave due to the kids. Yes, he will make it tough to have the kids thrown out with you as it will complicate things.

You're the bad guy because you told him you are moving out, and then expect to stay in HIS house while you try to find another place to live

ssuding · Oct 28, 2009, 10:29 AM

Thanks for yor reply but, It's true WE were told by the Sherriff, She don't have to leave it's her house too. I'm trying to do what is best for my children. His own family says, Leave her alone. This isn't about a toaster or such. I agree, with the pics Idea ...thanks.

Quote:

Originally Posted by Imabadman

OP I’m sorry for your troubles and I can only imagine how hard this is right now. Part of me thinks you were trying to be honest and sincere the other part says you attempted some manipulation to ‘control’ the situation. An ultimatum of sorts. Honestly don’t know, don’t care. Let’s get you through this.

I have to agree with the others. There’s a saying that goes something along the lines, “Don’t crap where you sleep.” Well, it’s to late and it’s going to stink like poo till you get out of there. If I were you I would do whatever you can to evacuate the place ASAP. Even if you must leave possessions. Do this for your kids, get them to a healthy/healthier environment. If your worried about your toaster… get a new one. You get my point, even Indiana says it, "Kids First".

HOWEVER, prior to leaving you can photograph and/or catalog all your possessions. If he refuses to give your possessions back you’ll actually have a fighting chance of a favorable outcome in court, i.e. possessions, property damage, loss, etc. In fact a Sherriff will escort you to retreive them if you so wish. Where as thinking you’ll get 30 days to stay in HIS house with no lease… hun, you don’t even have squatting rights. As I understand for some brief research, note I am NOT a lawyer, he can toss you out at any time.

Good luck with your situation.

justcurious55 · Oct 28, 2009, 10:29 AM

does anyone have any sources they can cite? i've always heard what scott is saying, about establishing residency and having some time before you can really be thrown out. are Indiana's laws really that different from all the other states?

Romefalls19 · Oct 28, 2009, 10:31 AM

I know personally that in NJ and several other states, if you do not pay rent or own the home you CAN be kicked out. I've had friends get kicked out by their parents and cops were called and they said "sorry, you don't own the home"

ssuding · Oct 28, 2009, 10:34 AM

Thank you, thats what I thought. I know I have rights and yes I have mail coming here and my children are registered in school from this address and yes, he must take me court. Your right I should have done more before....... Thanks so much.

Quote:

Originally Posted by ScottGem

First, I've moved this to the Real Estate Law forum, this is about your legal rights, not your relationship.

Second, while I agree with CurlyBen that you screwed this up, you do have rights. You don't say how long you have lived there but if you are getting mail there and have your things there, then you have established residency. Therefore, he has to legally evict you according to the laws of your state. This means giving you 15-30 days notice to vacate. If you don't then he can file for an eviction order.

What you should have done is find a new place to live FIRST. Then tell him you would be moving out a day or so prior.