[pam263]

My soon to be ex-daughter inlaw is currently living in my mother's house. My son lived there there the past 10 years but due to divorce he is living with me not by our choice. The house is in my mother's and my name. The daughter in law does not pay rent nor has she ever. My mother pays taxes and insurance on house and has since 1972. My parents built the house. Utilities are in my son's name. The only reason she is still there is because of my 3 grandsons but we need her out because 1.my mother needs to sell for health and financial reasons. 2. the master bathroom is going to collapse if we can not get in there and repair it. It is a total gut job ( but we aren't allowed in per her attorney). 3. Because of bathroom issue there are safety concerns along with mold and mildew. This is in Lexington County, South Carolina.

[ebaines]

Since there is no lease and no rent being paid your daughter in law is considered a "month-to-month" tenant. Your mother (the owner of the property) can start eviction proceedings by giving her 30 days written notice to vacate. If after the 30 days she has not moved out your mother can then start formal eviction proceedings with the court, culminating in the sheriff forcibly evicting her if need be. However, before going this route you should consider the consequences - not only on the well-being of your grandchildren but also what recourse she may have. I take it that the divorce is not yet final - if she moves aout and has to start paying rent you can expect that her demands for alimony and child support will be higher if her rent is no longer free.