[aimee0329]

My husband and I live in a home that is owned by my mother-in-law. We have lived here for almost 7 years now. Recently, I gained custody of my two teen children, and she has decided that I, and my children, are no longer welcome in the house (but my husband is allowed to remain).

She has threatened to call the police to have me removed from the house, even though I have utilities in my name at the property.

Can she do this, or does she have to go through the same legal process to evict as a landlord. There is no rental agreement, and we do not pay rent/mortgage (the house is paid off).

I just need to know where I stand so I don't get tossed out with no notice...

Thanks for any advice!!

[charlotte234s]

There's no legally binding agreement, so she can ask you to leave, but you can take your property and she owes you the pro-rated fees on the utilities you have paid up, and mke sure they come out of your name when you go. If you have paid off the mortgage you should have had the house put in your name, you should get a lawyer of that's the case.

Also, if your husband won't go with you, he's just a TOTAL jerk, he should stand up to his mother.

[aimee0329]

So on a whim, she can call the police and have me evicted with absolutely no notice at all?

[zyi]

My grandmother just went threw this. My aunt who is no longer married to my uncle and who had 5 kids by him were living in a house my grandmother owned. My grandmother bought the house so that my cousins would have a place to live. For a long time my grandmother paid all the bills. Last year the last of the children moved out, and even though my aunt was told at the biggining she would have to move out after the kids left my grandmother let her stay. My aunt said something to upset my grandmother (she was being disrespectfull for someone who lived compleetly rent and bill free for almost 12 years) anyway to make the story short. My grandmother had to write her an eviction Letter and give her 30 days to move. It had to be sent certified mail.
On a side note if she is asking you to move out but not your husband I think she is cruel and if he doesn't stand up for you he isn't a real man who loves you.

Ps:my aunt was a hatefull greedy woman who didn't take care of her kids, and I'm not saying it's the same situation I'm just telling the story so you will hopefully understand what I'm saying (have a migrane so might drone on) lol

[Fr_Chuck]

Since your husband can remain, this will be an issue, since as a resident of the home, he could and would be allowed guests with him.

So the mother in law will have to evict him also , but then he should be telling the mom if you go , he goes, and tells her to shut up, not usually talking to mom that way but this one needs to be told where to get offf of it.

So what should you do, get your husband and you all move to some other rental and move on with your life.

[excon]

Hello aimee:

In the eyes of the law, there are only 4 categories of people who live in a private home. They're either the owner, a guest, a tenant, or a trespasser. There aren't any in between kinds of people. You are one of those.

Clearly, you're not the owner or a trespasser. You're not a guest, because guests don't pay utilities. So, the only category left is tenant, and that's what you are.

In the absence of a lease, you are by law a month to month tenant. Whether you are an individual tenant or you are a joint tenant with your husband is moot. You ARE a tenant.

Given your status as a tenant, she has to give you 30 days notice to vacate.

excon

[ScottGem]

First, as noted, she has to go through the formal eviction process. Also she cannot evict you without evicting your husband. If she tried to get an eviction order for just you, she would be thrown out of court. But your husband does need to get a spine and stand up to her.

But since she owns the house, she can evict you both by going through the process.

[aimee0329]

Yes, it does indeed help. I just needed to know legally where I stood on the matter. What can I say, she is a nasty, vindictive woman who has told me from the start that she didn't want me to marry her son (he's an only child)... ugh what a mess!