[lil_poetic_girl]

I need help to find out how to evict my family members? My daughter, son and husband, who I have been separated from for three years will not move out of my house. I have been making the mortgage payments for over three years now and it has broke me financially. About a month ago I had a 30 day notice served by a process server and thought that my family would move out after the thirty days, but I have found out that they have no plans on moving out till I take them to court. I thought that after serving them this thirty day notice that the sheriff would go down there and get them out after the thirty days. Somebody please give me some good advice! All the utility bills are still in my name, Can I just have them shut off? Help!

[startover22]

I don't understand how old are your kids, and did you say you were separated from your husband?

[Fr_Chuck]

OK legal separation, do you live in the home?

Whose names is on the deed, if his name ( husband) is on the deed you can not evict him. And he can have his guests if he would like,
You are going to have to divorce him and go to court to determine ownership of the home and get them to issue him a order to get out

[lil_poetic_girl]

I don't understand how old are your kids, and did you say you were separated from your husband?

My kids are grown up and I have been separated from my husband for three years.

[JudyKayTee]

My kids are grown up and I have been separated from my husband for three years.

What State? Every State has different laws - sometimes you have to serve a 3 day notice followed by a 30 day notice followed by a formal eviction hearing.

You cannot evict based merely on a 30-day notice. They have to be ordered out if they won't willingly move.

[ScottGem]

Ok, first is your husband's name opn the deed? This is a key question that you didn't answer.

Second, only a court can issue an eviction notice. And a sheriff can't act until a court has issued the notice. The 30 day notice was a VACATE notice, that doesn't have the force of law that an eviction notice issued by a court does. The fact that they were served a valid vacate order and they ignored it will help in getting the court to issue the eviction notice.

[Fr_Chuck]

Yes, this is the key issue, is the husbands name on the deed, and if not, do you live in a community property state where he may be entitled to part of the house even if not orgainally on the deed.

So if his name is on the deed you just can't evict him

[lil_poetic_girl]

I don't understand how old are your kids, and did you say you were separated from your husband?

My kids are adults and yes I am separated from my husband for 3 years.

[ScottGem]

You still aren't answering the key question.

[JudyKayTee]

My kids are adults and yes I am separated from my husband for 3 years.

Read back over the answers - which State?

[lorina_m_allmon]

I need help to find out how to evict my family members? My daughter, son and husband, who I have been seperated from for three years will not move out of my house. I have been making the mortgage payments for over three years now and it has broke me financially. About a month ago I had a 30 day notice served by a process server and thought that my family would move out after the thirty days, but I have found out that they have no plans on moving out till I take them to court. I thought that after serving them this thirty day notice that the sheriff would go down there and get them out after the thirty days. Somebody please give me some good advice! All the utility bills are still in my name, Can I just have them shut off? Help!

Definitely turn off the utilities and file the eviction in court. Do you live in the same house with them?