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    stormyweather's Avatar
    stormyweather Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 17, 2007, 05:41 AM
    Indiana laws for making adult children leave your residence.
    My 19 year old step-son moved in with my husband and myself a few months ago. He had a few rules to follow, i.e. no smoking in the house, keeping his job, etc. He did not pay for rent, he did not buy groceries, he didn't pay any household bills, he was out no money except his cologne and gas for his car that my husband co-signed for. He was also suppose to help clean up, dust, etc. the bathroom living room. He was also informed that if he was not furthering his education then he needed to buy or help buy groceries. Unfortunately he has done none of that, came home with a lip ring and 4 tattoo's and has decided that it is easier to live at our house rent free, eat our food, etc. and does not want to go to college. My husband decided that my step-son needed to leave the house, he was a bad influence on his 14 year old sister, he wasn't helping around the house at all. He even left us a note on our Sun Tea jar that he was tired of making tea at the house and us drinking it and we needed to stop drinking "his" tea (I am still trying to figure out this one, my tea bags, my water, my sugar, my electricity, etc.). Anyway my husband and step-son had a verbal altercation the other day, my step-son pushed my husband, my husband called the police, my step-son called his mother. When the officer arrived they asked my husband and his ex if the son had a place to stay and mom say, "yes, at my house". And step-son left. Now my step-son is saying he has talked to a lawyer and 4 police officers, that we had no right to "kick" him out of our house, that he was taking us to court and taking us for everything we own. That we had to give him 30 days notice to make him leave our own house. Can anyone help me on this? We live in Indiana and there is a tenant law when the renter gets 30 days, but he wasn't a renter, he was a "freeloader". He has also requested about $2,800.00 from us from his "college fund" that my husband put his own money in over the past 10 years for my step-son to go to college. My step-son believes that this is "his" money and he should be able to have it. And the $2800.00 is in a savings account with both my husband's name and my step-son's name on it. I told him to pull the money out Monday and put it in my step-daughter's fund. Any help would be greatly appreciated.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 17, 2007, 06:25 AM
    Your husband should laugh in his son's face. I don't know who is puitting these ideas into your step-son's head, but they don't have a prayer.

    Lets start with the domestic dispute call. The son wasn't kicked out, he left voluntarily. Since he assaulted your husband, he could have been jailed. If the son has not paid any rent nor is there a formal written agreement to pay rent, then you are correct he is not a tenant and not protected under tenant laws. Even if he does have an unlawful eviction case, the worst that could happen would be a fine.

    Finally, depending on the terms of the college fund, the money may or may not be his. If this is just an account in your husband's name that he has "designated" for college, then its not. If its in trust for the son, then it may be. If its like a 529C account, then it can only be used for college expenses.

    So, the next time the son contacts your husband (and you should defer all dealings to your husband, do not talk to him directly), have him tell him that he's either talking to the wrong people or being fed a line and that he has no grounds for a law suit. Call his bluff, tell him if he really thinks he can sue, go ahead.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 17, 2007, 06:52 AM
    Yes, laugh so loud at him, you can't even talk, he is trying to blackmail you, He shows he is a crook and you needed badly to get him out of the house.

    1. as noted he left on his own

    2. he was not a tenant anyway, so you could have merely changed the locks and kicked him out anytime you wanted.

    3. police officers don't know the law, most are too lazy to enfore the ones

    4. and tell him as soon as he goes to college you will pay his college money to the college for his bills there. Most college funds belong to the parents to be used for the child.

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