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    tiredofthis1's Avatar
    tiredofthis1 Posts: 1, Reputation: 1
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    #1

    Sep 16, 2011, 11:35 AM
    Can I kick my ex husband out of my house?
    Can I kick my ex husband out of my house? He's not working. He's been here since December 09 out of the goodness of my heart. I've given him plenty of time to find a job, get his own place. Yet he is still here. I want him out. In June 2011 I gave him 5 months to vacant the premises. So he has till November. Can I kick him out?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Sep 16, 2011, 12:52 PM
    I assume that (a) you own the house, and (b) he's not paying rent, and (c) you don't have a written lease agreement. So he's a guest. Yes, you can kick him out, but there is a legal procedure you must follow to evict him. You must give him written notice to vacate by a certain date(depending on the laws where you live it's typically 30 days, but may be more). Then if he hasn't moved you need to get a court order to have him evicted. The actual eviction is done by the sheriff.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 16, 2011, 04:41 PM
    ebaines is correct except that he's more than a guest, since he's been there almost 2 years he's a resident. As such he must be removed according to the eviction rules governing your area.

    You say you gave him 5 months to vacate. Was this in writing? If so, you may have to wait until the 6 months are up.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Sep 16, 2011, 06:35 PM
    File eviction proceedings against him by following the 3 day notice to vacate route according to your state's eviction proceedings. You have no obligation to have him live there if he is not contributing anything.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 16, 2011, 07:12 PM
    Quote Originally Posted by twinkiedooter View Post
    File eviction proceedings against him by following the 3 day notice to vacate route according to your state's eviction proceedings. You have no obligation to have him live there if he is not contributing anything.
    Not all states have a 3 day notice. Generally it ranges from 3-10 days. Also such a notice can generally be used only for a breach of the lease. Usually non payment of rent, but sometimes other breaches.

    Since the OP has not indicated there is a lease or that he has a rental agreement, its unlikely a pay or quit can be used. Besides, its been indicated that he was given 5 months to move. The OP may be bound by that.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Sep 17, 2011, 04:42 PM
    Since you did not come back with your locaation, this site may help you decide just how many days you need to give him

    Landlord.com Eviction Notice Termination Law Guide By State
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