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msbmv · Jul 15, 2008, 06:29 AM

I have a bit of a problem that I need help with. Near the end of May, I and my two children moved into a new home. My husband [whom I'm (not legally) separated from] indicated that he didn't have a new place set up yet and asked if he could move in for a week while he waited for his 'roommate'. Me being the nice person that I am, said yes, figuring it was only for a week.

His week has now turned into over a month and I told him a week ago that I was going to be in trouble with my landlord if he stayed much longer because he is not on my lease. He asked me to give him one more week (Stupid idea on my part - my niceness is going to get me killed one day). That week has now passed as well and he has not even made any attempt to leave.

What can I do to have him evicted? What procedures do I need to take? I can't take much more of his lies as it was his lies that caused us to be separate in the first place 2 years ago.

rockinmommy · Jul 15, 2008, 07:10 AM

Well, you are correct that you could very well get in trouble from your landlord. Does your LL really even know that he's there? Is he causing specific problems? Or you just want him gone? Have you talked to your LL about it?

What I'm wondering is if you could approach your landlord and ask for a "warning letter". That way you'd have something concrete to approach him with. If he's jeopardizing your and your kids place to live will he leave? Or does he just not care?

You know this man and how he's going to react to stuff. What is it going to take to get him to leave?

msbmv · Jul 15, 2008, 07:49 AM

Originally Posted by rockinmommy

Well, you are correct that you could very well get in trouble from your landlord. Does your LL really even know that he's there? Is he causing specific problems? Or you just want him gone? Have you talked to your LL about it?

What I'm wondering is if you could approach your landlord and ask for a "warning letter". That way you'd have something concrete to approach him with. If he's jeopardizing your and your kids place to live will he leave? Or does he just not care?

You know this man and how he's going to react to stuff. What is it going to take to get him to leave?

She doesn't know he's here but that could change real quick and I'd be in serious trouble.

This is a man who just doesn't give a hoot who gets hurt as long as it covers his interests and no one else's.

It's going to take an eviction to get him to leave. My name is on the papers for the home but the land I'm on is rental property. Either way, he has no right to be here.

ScottGem · Jul 15, 2008, 07:55 AM

Does he get mail there? What I'm trying toi check is whether he has done enough to legally be considered a resident. If he has, then you need to go through the formal eviction process for your area. If not, you may be able to get away with packing his bags and throwing him out.

msbmv · Jul 15, 2008, 08:00 AM

Originally Posted by ScottGem

Does he get mail there? What I'm trying toi check is whether he has done enough to legally be considered a resident. If he has, then you need to go thru the formal eviction process for your area. If not, you may be able to get away with packing his bags and throwing him out.

Unfortunately, yes... but it's forewarded from our previous address if that helps any.

ScottGem · Jul 15, 2008, 08:09 AM

But that means he's filed a change of address with the Post Office.

I'm afraid then that you would have to go through a formal eviction. The only other possibility is to go to court for a separation and have the judge order him to vacate.

msbmv · Jul 15, 2008, 08:35 AM

Originally Posted by ScottGem

But that means he's filed a change of address with the Post Office.

I'm afraid then that you would have to go through a formal eviction. The only other possibility is to go to court for a separation and have the judge order him to vacate.

Actually he didn't - he's too lazy and too selfish to think of stuff like changing his address and paying rent. I only filed a change of address for myself. It was simply assumed that he was included.

And I can't file for a separation until he moves out (according to several different laywers and legal aid reps I've spoken to).

ScottGem · Jul 15, 2008, 08:44 AM

I would play it safe then and evict him.

msbmv · Jul 15, 2008, 10:31 AM

Originally Posted by ScottGem

I would play it safe then and evict him.

I'll see what I can do. Thank you for the help.

Fr_Chuck · Jul 15, 2008, 01:58 PM

If you are still legally married, and there is no separation agreement it will depend on state law, often you can't just evict your spouse but will have to file for divorce and have the divorce court order one or the other to move

msbmv · Jul 15, 2008, 05:16 PM

Originally Posted by Fr_Chuck

If you are still legally married, and there is no seperation agreement it will depend on state law, often you can't just evict your spouse but will have to file for divorce and have the divorce court order one or the other to move

His name is not on the title for the house, nor is his name on the lease for the propery my house is sitting on. He doesn't have a leg to stand on (in my opinion anyway).

rockinmommy · Jul 15, 2008, 08:00 PM

I'm not suggesting this as a legal course of action. But I'm just curious what you think he'd do if he came "home", the locks were changed, and none of his belongings were there? He sounds rather lazy... would he retaliate, or would he just sloth off down the street to free-load off someone else?

msbmv · Jul 16, 2008, 04:59 AM

Originally Posted by rockinmommy

I'm not suggesting this as a legal course of action. But I'm just curious what you think he'd do if he came "home", the locks were changed, and none of his belongings were there? He sounds rather lazy....would he retaliate, or would he just sloth off down the street to free-load off someone else?

He'd , whine and cry about it for a bit, then beat on the door till someone opened it. In which case I'd have to call the cops, then he'd and whine some more about it. And I don't deal well with confrontations... makes me uncomfortable. Stupid answer I know, but it's how I am.

rockinmommy · Jul 16, 2008, 06:37 AM

Originally Posted by msbmv

He'd , whine and cry about it for a bit, then beat on the door till someone opened it. In which case I'd have to call the cops, then he'd and whine some more about it. And I don't deal well with confrontations...makes me uncomfortable. Stupid answer I know, but it's how I am.

Well, I guess about the only two things I know to suggest are:

-File for divorce. (Sounds like you need to anyway.)

-Humbly go to your landlord. Explain the situation and admit you were STUPID for letting him in at all. Ask her if she would be willing to help you get rid of him. She could "evict" you. (Give notice, go file for eviction if necessary (which you would pay for - not her), etc.) The only danger of this is she might actually evict you, but if you have a decent relationship with her and are a good tenant I'd think she might work with you. Especially if you do all the legwork. If notices and stuff started showing up would he leave, or would it have to go further than that?