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jordan120504 · Mar 24, 2009, 06:53 AM

I was with my fiancé for 8 years. We have 2 children together and finally purchased our first home together in February of 2008. We broke up in September of 2008, she said that she could not afford to pay the mortgage on her own. I have since been paying her child support and let her and our 2 boys live in the home until she found another place of her own. It was our written agreement that she would be out by April 1, 2009. And that I would move in and keep the property. That is a week away and she now says that she cannot move. She has moved 2 roomates in who have nowhere to go, and are living there rent free. It is because of the 2 roomates that she will not vacate the property. I have tried to be calm, and collective, I have tried to negotiate our written contract but she is acting stubborn. She is not making the mortgage payments so I assume the home will go into foreclosure soon if I don't do anything now. She is willing to move now but the 2 roomates refuse. Please tell me how I can remove everybody from the property and save my home, my credit, and my children.

ScottGem · Mar 24, 2009, 06:57 AM

If the fiancé is on the title then she is entitled to have roommates. With her on the title, you have a big problem.

I think the best way to protect yourself is to buy her out. Once you have full title, you can then evict the roommates. The only other way to get them out is to go through a formal eviction process, with the finacee signing off on it.

excon · Mar 24, 2009, 07:00 AM

Hello j:

If she's on the deed, she owns the house just like you do. As an owner, she can have as many non paying guests as she likes.

As a co-owner, you can't stop her.

If she DOESN'T own the house, then you need to evict her and her friends via your states landlord tenant law.

excon

jordan120504 · Mar 24, 2009, 07:03 AM

Originally Posted by ScottGem

If the fiance is on the title then she is entitled to have roommates. With her on the title, you have a big problem.

I think the best way to protect yourself is to buy her out. Once you have full title, you can then evict the roommates. The only other way to get them out is to go through a formal eviction process, with the finacee signing off on it.

Thanks for your help