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    caitlinlw's Avatar
    caitlinlw Posts: 5, Reputation: 1
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    #1

    Aug 7, 2010, 03:16 PM
    How much notice do I need to give my fiancé before kicking him out?
    We live with my brother in Texas. I want to know legally how much time I have to give him when I kick him out. And what do I do if he won't leave after that time?
    positiveparent's Avatar
    positiveparent Posts: 1,136, Reputation: 291
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    #2

    Aug 7, 2010, 03:40 PM

    this needs to go on one of the legal forums I believe.
    Shadowburn's Avatar
    Shadowburn Posts: 249, Reputation: 179
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    #3

    Aug 7, 2010, 07:25 PM

    I can't give you a legal advice, but in any case if he's living on your property, being asked to leave and he refused to, you have every right to call the cops and have him escorted out. Good luck.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 7, 2010, 07:48 PM

    This is a legal question so its been moved to the appropriate forum from Relationships.

    First, you can't kick him out, you don't own or lease the property. Your brother is the one who has to give him a vacate notice.

    The cops will generally not escort him out since he does live there. How much notice to give depends on local laws. But if he is given 30 days that should be OK. If he doesn't leave by then your brother has to file for eviction.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 8, 2010, 09:38 AM

    First, do you know what "fiance" means? It means someone you plan to marry. It doesn't, or didn't used to mean, people you are shacked up with.

    So, if you are planning to marry this guy, why are you kicking him out?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 8, 2010, 10:10 AM
    Quote Originally Posted by Shadowburn View Post
    I can't give you a legal advice, but in any case if he's living on your property, being asked to leave and he refused to, you have every right to call the cops and have him escorted out. Good luck.

    This is very incorrect legal advice and could cause the OP a lot of money PLUS could get her arrested.

    He needs to be evicted according to State law - the Police will not get involved in this and it is illegal to lock someone out.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Aug 8, 2010, 10:34 AM
    Quote Originally Posted by JudyKayTee View Post
    [to call the cops and have him escorted out] could ... get her arrested.
    ...
    The police could arrest here for asking them to escort him out?

    Don't think so.

    Or maybe if the police did escort him out pursuant to her request they would later arrest her?

    Don't think so.

    I would like to see even one reported case, or even a trial cout judgment penalizing a property owner for ousting a freeloading relative, roommate, "girlfriend"/"boyfriend" or "fiance". I just don't think it happens in real life.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Aug 8, 2010, 10:39 AM

    I was referring to locking him out.

    Sorry, I should have explained it so that you understood.

    I "assumed" (and we know what that means) that it was being recommended that he be escorted off the property by the Police and then kept off the property based on her request that he leave.

    You cannot do that in NY.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 8, 2010, 11:09 AM
    Actually, there IS a possibility, albeit a remote one, that the OP could get arrested for asking the police to remove the "fiancee". Since the OP has no legal standing to request that he leave, calling the police would constitute a false police report. Furthermore, the "fiancee" could swear out a complaint of harassment against her. This is why it was incorrect and potentially dangerous advice to "call the cops and have him escorted out".

    I agree that the OP being arrested is an unlikely event, but who knows, could be a small town sheriff who is a cousin of the "fiancee".
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