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Innie · Mar 28, 2009, 09:44 AM

Hello:

I have a friend who lives in Virginia, and she lives in a large family home with her husband, her two children, mother-in-law, and a few relatives.

She is not getting along with her mother-in-law, and her mom-in-law told her to leave.
My friend does not pay rent, but her husband pays half of the mortgage.
However, the only name listed as the owner my friend's mother-in-law.

My friend is receiving no defense from her husband; he is siding with his mom.
Can she be evicted easily, or is it just as much her home (legally) as the rent payers?

Thanks in advance.

India

stevetcg · Mar 28, 2009, 09:50 AM

If she is not an owner of the house, she can be legally evicted according to the laws of VA. She does not have to just leave because the MIL doesn't want her there. She would have to go through the eviction process.

However... if she leaves, she is probably also legally allowed to take the kids with her, since she is currently (presumably) having joint custody of them.

Of course the husband needs to step up and resolve this situation or he is going to lose part of his family.

ScottGem · Mar 28, 2009, 10:01 AM

I think its less clear than that. While the owner of the home definitely has the right to evict any residents not on the title, I doubt if a court would allow the eviction of just part of a family. So if the MIL wants her out, then she has to evict her son and grandchildren as well.

Her husband would have to divorce her before a court would split the family like that. In fact, if this actually was brought before a housing court, they would probably dismiss it and suggest family counseling.