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    dbeelwiegand's Avatar
    dbeelwiegand Posts: 1, Reputation: 1
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    #1

    Jun 7, 2012, 12:17 PM
    How do I legally remove family member from my home
    My elderly sick parents have a son and his girlfriend living in their house completely unwelcomed. He has taken over half of the house and does not pay for anything. He eats their food. He has asked for money to move out and my parents have agreed to give him five thousand dollars with the condition that he move out immediately. What can we draw up on paper that would be legaly binding him to leave the premises and give up all residence once he has the money. He is a drug addict and user, is lazy and has no sense of responsibility and we are afraid that after he is given that money he will come back for more and stay. He is a second striker, has had a lot of history with the police, and is violent. My mother is an enabler but now has a health condition that need 24 hour care. She also has initial stages of dimentia. No I do not have conservator ship over her yet, and my father will not stand up to him. My father is also, as is my mother, a stroke victim. Is there any way to have him give up his legal residency if he agrees and signs a document
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Jun 7, 2012, 12:26 PM
    Quote Originally Posted by dbeelwiegand View Post
    My elderly sick parents have a son and his girlfriend living in their house completely unwelcomed. He has taken over half of the house and does not pay for anything. He eats their food. He has asked for money to move out and my parents have agreed to give him five thousand dollars with the condition that he move out immediately. What can we draw up on paper that would be legaly binding him to leave the premises and give up all residence once he has the money. He is a drug addict and user, is lazy and has no sense of responsibility and we are afraid that after he is given that money he will come back for more and stay. He is a second striker, has had a lot of history with the police, and is violent. My mother is an enabler but now has a health condition that need 24 hour care. She also has initial stages of dimentia. No i do not have conservator ship over her yet, and my father will not stand up to him. My father is also, as is my mother, a stroke victim. Is there any way to have him give up his legal residency if he agrees and signs a document
    Sure.. if its in writing and properly drawn up and signed and witnessed, with copies,. your parents can also have him served for eviction and he won't get a dime if it goes that far... If they get threatening before then... the police can be called.

    I however would make it that they don't receive a dime until their stuff is out and the locks are changed.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Jun 7, 2012, 12:30 PM
    Your parents owe him not a penny and can/should evict him. It may take a month or so depending on where they live but paying him to leave is not necessary.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 7, 2012, 12:36 PM
    Quote Originally Posted by dbeelwiegand View Post
    ... my parents have agreed to give him five thousand dollars with the condition that he move out immediately.... Is there any way to have him give up his legal residency if he agrees and signs a document
    Having him sign a document is not going to get the job done. If he refuses to honor the document they will still be in the same situation.

    I suggest that, instead, they agree to pay him to move out, after he has done so. Then, after they are gone, they can pay him the money. Or if they choose not to, let them sue him. I sort of wonder if a court would enforce an agreement made, arguably, under duress :)

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