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    Peety10's Avatar
    Peety10 Posts: 3, Reputation: 1
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    #1

    Oct 21, 2011, 07:48 AM
    Can you evict the mother of your children?
    My sister has lived with her boyfriend for 20years and have 3 children togather. She has MS and is very sick. He has decided he doesnot want to be with her anymore and has found someone else. Now he wants her to move out of their home. The house is in his name. She cannot drive or work. She has been a homemaker for 20 years so her disabilty check is only 568 a month which 300 goes to insurance so its not enough for her to live on. Does she have any rights? Can he evict her?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 21, 2011, 09:06 AM
    What state are they in?
    Peety10's Avatar
    Peety10 Posts: 3, Reputation: 1
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    #3

    Oct 21, 2011, 09:12 AM
    NC
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 21, 2011, 09:31 AM
    Quote Originally Posted by Peety10 View Post
    NC
    North Carolina does not appear to recognize common law marriages. So she could be evicted in much the same way that a landlord woud evict a tenant, by serving her with a written notice to quit and, if she doesn't get out within a certain period (usually 30 days), go to court and ask the court to order her to be evicted.

    Do they have any minor children? If so, she could ask for custody and child support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Oct 21, 2011, 09:36 AM
    If the home is in his name only and/or the lease or rental is in his name only and she is not listed on it anywhere as a joint tenant, than yes he can evict her.

    Thus one of the benefits of marriage, if they were married, he could not just evict her.
    Peety10's Avatar
    Peety10 Posts: 3, Reputation: 1
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    #6

    Oct 21, 2011, 09:38 AM
    Ok Thank you
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