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Lady_V · Jun 29, 2010, 02:38 PM

I live in Michigan. My boyfrien moved in with me at my mothers home. My mother died and left the house to myself and brother. 3 years later, I broke up with my boyfriend. I know that Michigan is not a common law state so he is only entitled to what he brought with him, and what he has bought since. He is driving my second vehicle, which he thinks he is entitled to. However, I paid for the vehicle and it's titled in my name. We broke up 5 months ago and he keeps saying a couple more months. I don't want to be evil, but it looks like I have no choice. He pays me a price for staying each month, but thinks it should include ele. water, gas, food, car ins. I am stressed to my limit. Which is partly the reason I broke up with him to begin with. I was told all I had to do is call the local police and tell them the situation and that they would escort him from the premises. He has threatened to tell them that I have abused him if they should show up. He has been arrested for domestic violence in the past. How do I proceed?

born2love · Jun 29, 2010, 04:45 PM

Well. My sister went through the same thing. I suggest call the cops on him.the situation is only going to get worse!! If he's already taking about threatening you then call the police!! You never know he might abuse you.. or does he already? From what you said there's no good signs that this is going to lead anywhere. He seems violent. This very bad my sisters baby dady abused her and she broke up with him and he didn't want to leave, she turned to my mom and she moved in with us. But in your situation call the cops. And... TELL THEM EVERYTHING!!

Cat1864 · Jun 29, 2010, 06:31 PM

Originally Posted by Lady_V

I live in michigan. My boyfrien moved in with me at my mothers home. My mother died and left the house to myself and brother. 3 years later, I broke up with my boyfriend. I know that Michigan is not a common law state so he is only entitled to what he brought with him, and what he has bought since. He is driving my second vehicle, which he thinks he is entitled to. However, I paid for the vehicle and it's titled in my name. We broke up 5 months ago and he keeps saying a couple more months. I don't want to be evil, but it looks like I have no choice. He pays me a price for staying each month, but thinks it should include ele., water, gas, food, car ins. I am stressed to my limit. Which is partly the reason I broke up with him to begin with. I was told all I had to do is call the local police and tell them the situation and that they would escort him from the premises. He has threatend to tell them that I have abused him if they should show up. He has been arrested for domestic violence in the past. How do I proceed?

This should probably be on a Legal board.

This is a bit more complicated than just getting rid of an ex. If he is giving money to stay there each month, then it could be looked at as he is a renter.

You may need to find out what the laws for evicting a tenant in your area are.

Who told you that all you have to do is call the police?

Lady_V · Jun 29, 2010, 06:56 PM

Cat1864, I have already checked. This is not a legal question. I have already spoken to an attorney. He could have been with me in the house for 20 years and paid all of the bills. 1. He moved in as a boyfriend. 2. Michigan is not a common law state and does not recognize palomony. 3. My house is not zoned for rentals, there was never and signed lease, he has no bills that come to this address in his name. He has no legal claim on the property. The attorney told me that he doesn't have a leg to stand on. My problem is that we had been together for 21 years and what can I do to get him out without being too much the B---ch?

Cat1864 · Jun 29, 2010, 07:12 PM

Stop being overly nice. Give him a date to be out of the house by and out of your car. Put it in writing. After that date expires, call the police and have them evict him if he is still there.

If you don't put your foot down, he will probably still be there in December.

What stake does your brother still have in the house? Could he evict the ex?

Something I meant to add before, my condolences on the loss of your mother. I hope this issue ends up resolving itself with as little upset as possible so that your stress level can go down.

Edited to add: Just to clarify the history of this thread: This post and those earlier were posted when this was on the Relationships Board.

this8384 · Jun 30, 2010, 08:04 AM

Originally Posted by Lady_V

cat1864, I have already checked. This is not a legal question. I have already spoken to an attorney. He could have been with me in the house for 20 years and paid all of the bills. 1. He moved in as a boyfriend. 2. Michigan is not a common law state and does not recognize palomony. 3. My house is not zoned for rentals, there was never and signed lease, he has no bills that come to this address in his name. He has no legal claim on the property. The attorney told me that he doesn't have a leg to stand on. My problem is that we had been together for 21 years and what can I do to get him out without beeing to much the B---ch?

Wrong. This IS a legal question. If he resided with you for three years, he has established residency.

You're mixing two separate issues. The attorney said your ex doesn't have a leg to stand on, meaning that he cannot claim any ownership of the house. But he is still a tenant. It does not matter if there is no signed lease; thousands of people across America live on month-to-month verbal leases.

The only legal way to have him removed is to serve him a 30-day notice to vacate the premises. If he fails to do so, then you file for eviction and have him served.

Please do NOT listen to the horrid advice of "change the locks when he's gone" - that is an illegal practice and can end up costing you.

AngelaN · Jun 30, 2010, 09:13 AM

I was in a similar situation. I filed for a protective order. This house is yours as well as the vehicle. With the protective order the judge should require him to leave the premises. True, it is just a piece of paper; however, if he shows back up you can call the police and they should then arrest him for being contempt with the order. Stop worrying about him... worry about yourself instead. It is hard being with a person that has been domestically violent in your past... There is the factor of control that is usually present in the DV. Be strong. Go to the local women's shelter for advice. Contact the prosecuting atty's office for a protective order - and stick to the order. You will be in contempt of the order if you allow him to be around him without contacting the police.

positiveparent · Jun 30, 2010, 09:31 AM

This 8384 I would refer you to the OPs posts on this matter , she herself states that in post 5 on this thread the following --

cat1864, I have already checked. This is not a legal question. I have already spoken to an attorney. He could have been with me in the house for 20 years and paid all of the bills. 1. He moved in as a boyfriend. 2. Michigan is not a common law state and does not recognize palomony. 3. My house is not zoned for rentals, there was never and signed lease, he has no bills that come to this address in his name. He has no legal claim on the property. The attorney told me that he doesn't have a leg to stand on. My problem is that we had been together for 21 years and what can I do to get him out without being too much the B---ch?

ScottGem · Jun 30, 2010, 10:11 AM

First, This IS a legal question. I don't know whether it was originally posted to the Real Estate Law forum, but this is where it belongs. This8384 was exactly correct. The subject line is "how do I get my ex boyfriend to move out of my house?" The ONLY fact that is needed to answer that question was provided here: "My boyfrien moved in with me at my mothers home. ... 3 years later,..." This fact shows that the boyfriend established residency. This is reinforced by this fact; "He pays me a price for staying each month". As a resident he has to be evicted according to the laws of Michigan.

I don't know what questions the OP asked the attorney, I suspect, like This suggested, that she asked about his rights to ownership of the house. It is true he has none. But he does have the rights as a resident.

The only kicker here is the domestic violence situation. Unless he actually commits violence against the OP, then it's a non-factor. If he does commit violence against her, then she can get an RO which will force him out of the house.

The eviction process is detailed here: Michigan Evictions

You have to give him 30 days notice to vacate. If he doesn't vacate by the deadline, then you have to go to court to file for an eviction order.

The police will NOT do anything here unless he actually commits violence against her.

As this is now in a Law forum, answers here need to conform to established law. Several answers here have not.

AK lawyer · Jun 30, 2010, 11:05 AM

Originally Posted by this8384

...
Please do NOT listen to the horrid advice of "change the locks when he's gone" - that is an illegal practice and can end up costing you.

I have seen this "if someone has moved in for whatever reason you have to go to court to remove him" theory on this forum for some time, and am not convinced that it is an accurate statement of the law.

In Michigan, the pertinent statutory provisions seem to be as follows:

504.255
Unlawful Ouster or Exclusion; Damages
If a landlord, an agent, or other person acting under the landlord's direction or control, unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant from a residential premises, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney's fees.
504.22
Definitions, Disclosure and Actions
1.
Definitions. As used in this section,
(a) "tenant" shall have the meaning assigned to it in section 566.18,
….

566.18
Remedies for Tenants; Definitions
1. As used in sections 566.18 to 566.33, the terms in this section shall have the meanings assigned to them.
2. Tenant. "Tenant" means any person who is occupying a dwelling in a building as defined in subdivision 7, under any agreement, lease, or contract, whether oral or written, and for whatever, period, which requires the payment of money or exchange of services as rent for the use of the dwelling unit, and all other regular occupants of that dwelling unit, and any resident of a manufactured home park.

So unlawful ouster, under Michigan law, woud require that the person being ousted, is occupying under an agreement to pay rent. The statute doesn't appear to prohibit changing of locks, etc. with respect to family members, "boyfriends", "girlfriends", etc. if payment of rent was not a part of an agreement.

In this case it may be that there was an agreement to pay money, but it is not true in all places and all circumstances that one cannot take self-help measures.

Lady_V · Jun 30, 2010, 11:06 AM

Thank you everyone for all of your advice. I did come in handy as to making a decision. I did take my attorneys advice, called the county sheriffs office, not the local police. And had him removed from my home very late last night. He did not move into the house as a tenant, and I was informed, that just because he was not able to live off myself for the past 3 years and contributed to the household like any live in companion should unless otherwise discussed in advance. When I broke it off 5 months ago, I said he could stay on a weekly basis, but only for 2 months. And certainly not for free. Again, I did not post here for a legal solution. I already knew what I had there. This was that of a moral question only. Maybe the question I should have posed, should have been. " What kind of a man would stay somewhere he is no longer wanted, or welcome? And expects to stay in said place at no cost to him, while he saves his money and lives off the ex-girlfriend?
Again, thanks for all the comments and answers given. The original question is no longer an issue.

positiveparent · Jun 30, 2010, 11:13 AM

As this is now in a Law forum, answers here need to conform to established law. Several answers here have not.

Do you know its against the laws to claim you are an expert without having been trained to be one.

Its impersonating a professional, oh and never fear the remarks here are legal. Very legal as this site will soon discover.

Lady_V · Jun 30, 2010, 01:07 PM

Well, it certainly seems I came to the wrong place for advice of any sort. Some of (not all) you seems to have bigger problems than myself. Thank you cat1864 for expressing condolences. If I wanted legal advice. I would not have posted here because you are not attorneys and clearly know nothing on Michigan law. As to any residency issue. You can change your address at the post office and have your mail go there. Regardless of whether you live there or not. People have P.O. adresses too. This does not mean they live in a box. That has no relevance as to someone saying now that you have broken up with me, I am a renter. Good luck to all.

ScottGem · Jun 30, 2010, 01:08 PM

Originally Posted by positiveparent

Do you know its against the laws to claim you are an expert without having been trained to be one.

Its impersonating a professional, oh and never fear the remarks here are legal. Very legal as this site will soon discover.

Since the OP has stated she has solved her problem, I'm going to let this thread be hijacked. Because I too would like to see any statute, rule etc. that supports this claim.

this8384 · Jun 30, 2010, 01:18 PM

Originally Posted by Lady_V

Well, it certainly seems I came to the wrong place for advice of any sort. Some of (not all) you seems to have bigger problems than myself. Thank you cat1864 for expressing condolences. If I wanted legal advice. I would not have posted here because you are not attorneys and clearly know nothing on Michigan law. As to any residency issue. You can change your address at the post office and have your mail go there. Regardless of whether you live there or not. People have P.O. adresses too. This does not mean they live in a box. That has no relevance as to someone saying now that you have broken up with me, I am a renter. Good luck to all.

I'm sorry you feel that this was a waste of your time. We here at AMHD take a lot of pride in our answers, more specifically on the legal board. If you have information showing that we're wrong about the residency issue and/or Michigan law, we'd love to see it - there's always room to learn and room for improvement.

Are we attorneys? No. We offer our advice for free instead of for $100/hour; you can chose to take it or leave it, just as you would with paid advice.

Additionally, I would like to point out that in bringing up P.O. boxes, you're comparing apples to oranges. You are the one who stated he lived there for 3+ years - this indicates that residency has been established. We're just trying to help you without getting you into further trouble.

ScottGem · Jun 30, 2010, 01:19 PM

Originally Posted by Lady_V

Well, it certainly seems I came to the wrong place for advice of any sort. Some of (not all) you seems to have bigger problems than myself. Thank you cat1864 for expressing condolences. If I wanted legal advice. I would not have posted here because you are not attorneys and clearly know nothing on Michigan law. As to any residency issue. You can change your address at the post office and have your mail go there. Regardless of whether you live there or not. People have P.O. adresses too. This does not mean they live in a box. That has no relevance as to someone saying now that you have broken up with me, I am a renter. Good luck to all.

I'm sorry Lady_V but I'm afraid you are the one who does not understand the law here. AK posted the relevant statutes, even though he didn't interpret them quite correctly. This is the pertinent passage I've bolded the specific portion:

2. Tenant. "Tenant" means any person who is occupying a dwelling in a building as defined in subdivision 7, under any agreement, lease, or contract, whether oral or written, and for whatever, period, which requires the payment of money or exchange of services as rent for the use of the dwelling unit, and all other regular occupants of that dwelling unit, and any resident of a manufactured home park.

Your example of a post office box is not valid since a PO Box is not a dwelling unit. There are several criteria for establishing residency and living in a place for more than 3 years certainly establishes residency. I don't know what you told the County Sheriff, but I believe they overstepped their bounds and opened themselves and you up for a lawsuit for illegal eviction.

One does not have to be a member of the bar to know and understand the law. In this instance I am very confident in my interpretation of the law that once someone has established residence, they need to be formerly evicted.

Finally, whether you intended to ask a legal question or not, you, in fact did. You asked how to get someone out your home and you got the proper advice that you need to follow the formal eviction process.

positiveparent · Jul 5, 2010, 02:49 PM

With regards to my above accusations and uncalled for remarks in this thread, I would like to make it known I wish to retract same, and accept I spoke out of turn and in the heat of the moment, I have no intention of following through with the accusations made.

My Apologies to other members and visitors to this site for my unnecessary out burst.

I reacted negatively.
Regards : positiveparent.

Fr_Chuck · Jul 5, 2010, 04:57 PM

Yes, I am very surprised the sheriff office would help with an illegal eviction and they too could be liable for civil damages if the evicted person so wishes to sue. And that would be our advice here if he posts about it.

Since the boyfriend did establish residence at the location, he would have to be formally evicted.

I do so hope for your sake he does not decide to sue.

And of course since the OP confirmed that they were illegally renting ( not a legal rental) then they will also owe the "renter" any money paid for rent back if he requests it or if he sues for it. Merely being an illegal rental, does not take away his status as a renter, what it does show is the landlord was illegally renting and has liability for that.