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shawnw123 · Apr 22, 2009, 11:09 AM

Eviction Question: My boyfriend of 2 years and I bought a doublewide, he has no credit so he put up the $2000 cash down, and we used my name for the credit to get the loan, both our names are on the title (trailer has title) he asked me to move out, I want him to leave, we both paid the lot rent and mortg pymt for 1 year by putting our money together but he thinks because his cash put down got us in it is more his house, I want to evict him but the court house in Fenton, Mi said "If both names on deed/title no one can evict the other you have to sell or one sign over to the other, neither will sign over, selling is not an option, can I evect him?

dohcdave · Apr 22, 2009, 11:28 AM

If the mortgage is still being paid, you might be able to leverage something with the mortgage co. but just walking out without talking to the banker can ruin your credit and cause you no end of payments for the house that he has.. Tips for Success.org has good articles for making a new start, down through how to spend money to make money

Justwantfair · Apr 22, 2009, 11:32 AM

No you may not just evict him.

You both have rights to the house, thus listing both of your names as owners.

You already listed the options available to you, eviction is not one of them.

shawnw123 · Apr 22, 2009, 11:33 AM

I guess I should have been a little more spicific. I left for a few days with the kids, now I want my home back and I want him to leave but he will not so my dad told me to evict him but the court house said I cant, why not?

dohcdave · Apr 22, 2009, 11:45 AM

You didn't say much about why you left for a few days, and many times the feelings of shame and protection enter the discussion, but a touchy subject is abuse. That's why there are protective houses for mothers with children, and courts that specialize in the family law field.

ScottGem · Apr 22, 2009, 11:49 AM

This is not a Family Law issue, it's a real estate issue. Since both names are on the title you are EQUAL owners. It doesn't matter who paid more. This means that neither of you can evict the other. It means that one of you has to buy out the other. That's the legal issues

Since you posted this under the Family Law forum, did you need some advise about dealing with that side of things?

Justwantfair · Apr 22, 2009, 11:51 AM

Originally Posted by dohcdave

you didn't say much about why you left for a few days, and many times the feelings of shame and protection enter the discussion, but a touchy subject is abuse. That's why there are protective houses for mothers with children, and courts that specialize in the family law field.

I understand you are new to the site.

In the Legal forum, answers should be strickly law based and without opinion.

In all other forums, you may respond, but please stick to the poster's question. The original poster has not made any mention of abuse and she isn't stating why she left, just whether she can evict or another option. Please only respond to the poster's questions, thank you.

twinkiedooter · Apr 22, 2009, 08:20 PM

You have to buy him out or he has to buy you out.

You can sell the place and split the profits with him.

You cannot evict him as both names are on the title. The folks down at the courthouse I'm sure have had this type of problem come up in the past and are perfectly aware that your eviction lawsuit will be dismissed by the Judge. It would not matter if you lived in Missouri or Montana or Ohio or anywhere else in the US. You cannot evict him as he has just as much legal right to live there as you do. Now had the title been in just your name that would be a totally different story...