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    monmorce's Avatar
    monmorce Posts: 2, Reputation: 1
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    #1

    Jan 22, 2012, 07:17 AM
    Can my mom kick my husband out of our house?
    I have only been married for five months. My husband doesn't have his green card. We live with my mom and my kids(not his). The house is legally in my name but my mom finically helped me buy the house and helps pay the bills. Can she kick my husband out of the house?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 22, 2012, 07:21 AM
    Only the OWNER of the house can legally evict someone - and it appears that you are the owner. In fact, you could "kick" her out (evict her) if you wanted to.

    Now - can she make such a fuss that he leaves? Yes. Can she legally evict him? No, not if the situation is what you have posted.
    monmorce's Avatar
    monmorce Posts: 2, Reputation: 1
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    #3

    Jan 22, 2012, 07:27 AM
    She keeps saying because her income is the highest it gives her more legal rights. I know she could try to cause problems for us with immigration and making life unhappy but thank you I need to know what our rights are. Do you know if I would have to get a lawyer to get her to leave?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 22, 2012, 08:03 AM
    Quote Originally Posted by monmorce View Post
    She keeps saying because her income is the highest it gives her more legal rights. ...
    She is absolutely wrong there.

    Quote Originally Posted by monmorce View Post
    ... Do you know if I would have to get a lawyer to get her to leave?
    Don't take a knife to a gunfight.

    Sure, you could represent yourself, but if, because of her higher income, she can afford a lawyer, you should have one too. Her lawyer would probably argue that, because she helped buy the house, she has some interest in it which would prevent you from evicting her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 22, 2012, 08:24 AM
    Quote Originally Posted by AK lawyer View Post
    She is absolutely wrong there.

    Don't take a knife to a gunfight.

    Sure, you could represent yourself, but if, because of her higher income, she can afford a lawyer, you should have one too. Her lawyer would probably argue that, because she helped buy the house, she has some interest in it which would prevent you from evicting her.

    I would suggest that the parties try to work things out now that an Immigration question has entered the picture.

    I cannot speak for other States but in NY the person who owns the property, is on the Deed, rules/controls the situation. Others may contribute money toward the purchase but that is not taken into consideration when it comes to eviction. Ownership is within the four corners of the Deed.

    That was MY experience in a somewhat similar matter.

    But I agree - OP should not overreact. She may win the battle but lose the war.
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