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    Needhelp02's Avatar
    Needhelp02 Posts: 3, Reputation: 1
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    #1

    Aug 6, 2008, 03:23 PM
    Kicking out a relative
    My husband and I have been separated for almost a year. My nephew (who is now 18 and just graduated high school) has been living with us (we had guardianship). My husband, who is the one that moved out, is now saying he wants my nephew out by the end of the month and if he's not, he will have the authorities remove him. Can he really do that?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Aug 6, 2008, 03:28 PM
    What state are you in ? That could make a big difference. What is the nephew up to ? Wprking.. studying for collage.. or just crashing there ?

    All that makes a difference. Is the home in both names ? Are you the current occupant ?
    Needhelp02's Avatar
    Needhelp02 Posts: 3, Reputation: 1
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    #3

    Aug 6, 2008, 06:52 PM
    The title is in both our names and the mortgage is in his. My nephew is starting school at the community college in a couple of weeks. He will also be working as well as playing football in a local league. My nephew and I are the current occupants and I have 2 kids in college out of state that come home on their breaks. We live in Virginia.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Aug 6, 2008, 07:25 PM
    Are you legally separated or informally? That also makes a big difference.
    Needhelp02's Avatar
    Needhelp02 Posts: 3, Reputation: 1
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    #5

    Aug 7, 2008, 12:16 PM
    Informally separated. Do I have any say in the matter?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 7, 2008, 12:36 PM
    Since the title is in both your names, you are an equal owner. Therefore, you have at lease an equal say. Since he is not leaving on the premises, I don't think his wishes would carry as much weight.

    Basically your nephew has established residency so just can't be kicked out, he would have to be evicted. All you neeed to do is show up at the eviction hearing and say, as part owner, you want him to stay.
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