[Mike gibbs]

We have been together for 10 years and have 2 children together. She broke up with me about 5 weeks ago, it turns out she is seeing someone else.
The mortgage is in my name and she has never paid anything into the house.
She says I can not force her to leave because of the kids.
What do I do?

[smoothy]

If its your house... and her name isn't on anything... Deed or mortgage... you are legally the landlord... and you would have to evict her as you would any tenant... as she would legally be a tenant... exactly requirements vary state to state... but in general you have er served with the notice to vacate... (30 days in most but not all of the country).. if she doesn't leave by then you file with the court to have the eviction enforced... when you win that you can get eh Sherriffs to put her and her stuff on the street.

Having kids doesn't entitlel her to free room and board.

If she's a co-owner of the house... its not going to be so easy.

You are also going to need to go to family court to file for custody because you can be certain she's going to be going after child support

[ScottGem]

She's right and wrong. Since you are not married, it may or may not be considered the marital home. And that will be the key.

But the question is what do you want to do about the children? Do you want to retain custody?

Let us know that part and we can suggest what you need to do.

Also you the only one on the mortgage means nothing. The important thing is who is on the deed. We need to know that as well.

[AK lawyer]

We should know what state it is. There is an outside chance that it's a common law marriage.

[ScottGem]

We should know what state it is. There is an outside chance that it's a common law marriage.

Agreed, that's why I said may or may not be marital property.