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    brenahs1's Avatar
    brenahs1 Posts: 1, Reputation: 1
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    #1

    Dec 16, 2010, 09:58 PM
    My husbandmom owns the house and has since decided to evict only me, can she do this?
    I have never paid our rent my husband always has and I am not on any lease agreement nor do I know for sure if there is one. According to my mother in law my husband has nothing to do with her actions she has taken against me. She gave me a 60dy eviction notice and now has given me a 72hr non payment eviction notice to appear in court in 10dys. I am still married and we are not filing for divorce, can she legally evict me? I've heard she would also have to evict him so if she follows through with evicting my husband as well, but then turns around and re-rents to him, can she legally keep me separated from him by not allowing me in the home even though we are still married?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Dec 17, 2010, 03:25 AM
    Are you and your husband talking about any of this? Are you estranged, and is he living elsewhere or something? Are there children involved?
    Why did you let this go 60 days? It sounds like she is following the legal steps of eviction for non payment of rent. You can consult a lawyer or a tenants rights group, but I have a feeling that you are going to be evicted. Rights go by state, but have to do with such things as accepting rents when there is no lease, not whether you are married or not. A lawyer might be able to argue that as his wife you expected that he was paying the rent on time, but it sounds like he isn't even there.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 17, 2010, 05:04 AM

    First as long as the husband is paying the rent, and the husband allows you to stay, she should not win in court, but your husband will have to be there with proof that he has paid rent, and testify that he is allowing you to stay.

    Also what is your husband saying to his mother ? Why is he not supporting you better in this ?

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