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    brendap36's Avatar
    brendap36 Posts: 4, Reputation: 2
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    #1

    Aug 22, 2010, 05:44 AM
    Can he evict me
    Me and my boyfriend purchased a house together 5 years ago. With his parents help.Me, Him and our child along with my other children have lived in it since day1. My name is not on any papers.. I have supported the house in the past 5 years just as much as him. He broke up with me and wants me out. Can he evict me (right now we are ready to go to court I want to stay in the house with the children.) I have no other place to go?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Aug 22, 2010, 06:12 AM

    If your name appears nowhere on any documents then you have no right to ownership at this time. What State is this in?

    In order to get recovery it may take a civil court to order damages for resolution. Do you have proof you made house payments?
    brendap36's Avatar
    brendap36 Posts: 4, Reputation: 2
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    #3

    Aug 22, 2010, 06:15 AM
    Sorry I live in Florida.. Yes I have paid all household bills in the past year except the 500.00 mortgage. I have paid the cable bill, electric bill, He has never bought grocery's. I paid our joint car insurance for past 5 years.. I have paid for child care for 4 years of our sons 5 years of life.. I even let him claim one of my other children 3 years in a row.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Aug 22, 2010, 06:33 AM

    Then take all your evidence with you to court. Show them what's going on. They may ask both of you to leave and order the house sold. We here can't predict what's going to happen in front of a judge but certainly it needs to be brought to the courts attention. Also if your breaking up your going to need to file for child supprt and be prepared for visitation options also.
    Devorameira's Avatar
    Devorameira Posts: 2,461, Reputation: 981
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    #5

    Aug 22, 2010, 08:23 AM

    I'm confused because you talk about your boyfriend, but listed this in the Divorce forum. Did you get married or not?

    IF you would have put your name on the deed with his, OR if you are married you'd have a right, but without one of those I really don't think you have a chance to get the house.

    You do need to go to court though to get child support started right away.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 22, 2010, 01:02 PM

    I am moving to real estate law,

    If you are not married, and if you did not buy the home together, and you did not make any house payments ( not sure if that even helps) then it is not your house, and it is his house.

    YOU needed to be on the deed of the house if you were buying a house together.

    If you gave him money for a down payment, or if you made a lot of the monthly payments you may be able to sue him for either part ownership or for your money . ( but that is still iffy)

    If you are married, then you fight it out in divorce court as to ownerhship.

    If you are not marrried, did not many any of the house payments, and did not put any major money into the down payment, I don't see you having any claim to the home
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 23, 2010, 01:03 PM

    Paying the utilities, joint expenses, etc does not entitle you to a share of the house. Had you paid a portion of the mortgage or paid part of the down payment, you MIGHT be able to claim a part ownership. As it is now, you are nothing more than a roommate. You did not purchase a house together, he purchased the house and you moved in with him. Since he is the owner, then he has every right to terminate your tenancy and evict you, if you refuse to vacate.

    This is one of the reasons for getting that marriage certificate. Without it you have no rights here.

    However, since the child is his, you should, immediately, file for child support.
    brendap36's Avatar
    brendap36 Posts: 4, Reputation: 2
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    #8

    Aug 23, 2010, 01:35 PM

    Thanks for everyone's input but see by me paying all the bills he was able to pay the mortgage.. I have another question.. We had 4 kids in the house.. My older son did punch the wall in but in 5 years we have a dirty wall and I had an accident on the counter top.. Does that go with wear and tear..
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 23, 2010, 04:56 PM

    First, I understand what you are saying, but its not the way the law will look at it. People take in boarders to help pay the bills. He owns the home, you have no legal interest in the home.

    As to the other part of your last post I don't know what you mean by go with wear and tear.

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