View Full Version : How do I evict a girlfriend who has never paid rent or is on the deed in Tennessee
akydaky
Jan 18, 2011, 03:31 PM
I have a girlfriend that refuses to leave my house. Does she rise to the level of a tenant that must be evicted through the courts? She has lived in the house for an extended period, but has never paid a dime for anything. Two children from a prior relationship and a son we have together also live in the home. I am happy to keep the kids, I just want her worthless, crazy self out of my house (and life).
ScottGem
Jan 18, 2011, 03:45 PM
Sorry, she is a resident and will have to be evicted according to the laws in your area.
As for the kids, you will have to file for custody in Family Court.
ballengerb1
Jan 18, 2011, 03:50 PM
Yep Tennessee Eviction Laws - Associated Content from Yahoo! - associatedcontent.com (http://www.associatedcontent.com/article/1736190/tennessee_eviction_laws.html?cat=17) Have you folks always lived in Tennessee Answers.com - Does Tennessee recognize common law marriages (http://wiki.answers.com/Q/Does_Tennessee_recognize_common_law_marriages)
GV70
Jan 19, 2011, 03:16 AM
Two children from a prior relationship and a son we have together also live in the home. I am happy to keep the kids, I just want her worthless, crazy self out of my house (and life).
You have no rights to keep those two children who are not yours.You have no rights to custody of them.
In the entire reading of Tn Codes, esp. § 36-1-117],§ 36-1-113,and § 36-1-117(b)(3)(B), it is clear that the parents have superior rights than another would-be parent.
"That right may only be stripped pursuant to the statutory parental termination procedures - - it may not be forfeited in a balancing test or to another man who may appear to be a more ideal /parent/."
/In Re: T.K.Y. 205 S.W.3d 343, 352 SC of Tn/
The applicable legal standards with regard to a custody dispute between a natural parent and a non-parent differ markedly from the applicable standards with regard to a custody dispute between two natural parents. Ray v. Ray, 83 S.W.3d 726, 731 (Tenn. Ct. App. 2001). “[I]n a contest between a parent and a non-parent, a
Parent cannot be deprived of the custody of a child unless there has been a finding, after notice required by due process, of substantial harm to the child.” In re Askew,993 S.W.2d 1, 4/In Re Adoption of W.J.P./
Do not forget that the social policy and court decisions define that absent compelling circumstances, siblings should not be separated.
GV70
Jan 19, 2011, 03:20 AM
I cannot give you a straight answer.There is a possibility for you to chase her away but she may be designated as the primary custodian to the all three children.
I strongly suggest to you to consult an experienced Attorney.
akydaky
Jan 20, 2011, 11:54 AM
Thank GV70.
GV70
Jan 20, 2011, 11:58 AM
Thank GV70.
You are welcome!