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    thefirm's Avatar
    thefirm Posts: 2, Reputation: 1
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    #1

    Oct 12, 2011, 07:52 PM
    Can I evict my mother-in-law
    My mother-in-law has lived with my wife and I for the past 9 years. Her name was on the house deed for 4yrs and did a quite claim, so now my wife and I own the house. Now I am facing divorce situations because my mother in law causes problems between my wife and I. My wife do not want me to evict her but I do not want to divorce her because we have three kids together. My mother-in-law thinks the house belongs to her too but she signed a quit claim in the presence of an attorney. How can I evict her out of my house? Your advice is very very appreciated. I love my wife and my kids and she is just disrupting my family so I do not want her around us anymore. My wife told her she will have to find a place to stay and she said the we would have to sell the hose first or she is not leaving. I really want her out of our house. She pays rent to stay there so we add it to our mortgage payment.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 13, 2011, 04:04 AM
    She is a tenant and would have to be evicted as any tenant. You give her at least 30 days notice to vacate in writing. If she refuses to move by the deadline, then you go to court for an eviction order.

    Note, since both you and your wife are on the deed, you both have to agree to removing her.
    thefirm's Avatar
    thefirm Posts: 2, Reputation: 1
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    #3

    Oct 13, 2011, 05:36 AM
    The thing is that, when we first bought the house her name was on it but took it out after 4yr (quite clam)and from the start she was paying her share and a utility but the utility is in my name. She baby sit our kids when they were born as needed and 95% of the time we buy the food that she eats. So my wife, her daughter asked her nicely that she have to find a place to live not right away but we would help her find one because I we are having problems with our marriage and she is the problem. I honestly can't leave with her. We have 3 kids 3 rooms and I need her room for my son because my 2 daughters are staying in one and my wife and I in the other, we need that room. The problem that I am faced with is that my wife does not agree with the eviction. Her mother would not leave till I sell the house and give her some money. That in it self is very selfish for the sake of her grand kids. We need to keep our marriage together. Need an alternative and quick please.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 13, 2011, 06:18 AM
    The fact that she was on the deed initially doesn't have any bearing. All that matters is who is on the deed now.

    But if you wife is on the deed and doesn't agree to the eviction, there is nothing you can do.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 13, 2011, 08:35 AM
    Quote Originally Posted by thefirm View Post
    ...Her mother would not leave till I sell the house and give her some money. That in it self is very selfish for the sake of her grand kids. ...
    She gave you the house, you want to kick her out, and she is being selfish? :rolleyes:
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