I live in CA., I let my Girlfriend live with me for free for 10 years. We have an 11 year old Son. She is now dating someone else, but does not want to move her belongings out of the house. She still comes into the house to see our Son. Can I evict her?
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Anonymous
ANSWERS: 14
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If the house is not under her name and she has no ownership rights to any part of the house/property then hell you can evict her and throw her stuff out as well.
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She is afforded rights same as if she had been a renting tennant.You can't throw things out unless you want the risk of paying. Store them and and send her a certified mail notice with return receipt to pick up the things within 30 days. Long as she's been gone 72 hours it might be a good time to rekey your locks.
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You can do whatever you want. If she's not on any documentation for the residence than she has no claims. If she is only coming in to visit the son, and is not staying there, put her stuff out on the curb and let her collect them next time she visits.
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You have been living together that long you are in a common law marriage.No you cant evict her.No you cant throw her stuff out.Get a lawyer,a good one,because she can end up with atleast half of the everything.If not more.
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Please dont make an ugly scene. That will only teach your son that is how family should act. If she refuses, tell her you plan on getting a storage place, pay the first month, put her stuff in there and give her the key. If she wants it, she will either come get it now, or keep up the payments.
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You're screwed. Common-law. Might as well start splitting up the goods.
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Dont wait for tomorrow, she is using you.
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Not all states reconize common law marriage. call a attorney and ask for a free consult on your rights.the law is as long as her name is not on any bills that come to your home or she is not on your mortage or lease you can evict her steps to take if she receives mail at your residence go to the post office put in a change of addresses form send her mail to her moms if utilities are in her name go to place of business and change them to yours change the looks on your doors put all her belonging into storage in my state if you have belonging in the home you have rights if all this fail take out a order of protection against her but remember you guys share a child together
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Leave it just like it it and have her come clean up her mess while you sit back and watch. Maybe offer her a empty box and borrow the vacume. A little enddust might be helpfull.By all means keep smiling and looking your best. Tell her she looks great, but you have A date so she has to be done in an hour.She cancome back and finnish if need be but you cant be late so you have to look up. thanks honey
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do you owen the home was it your prior to the move in? is she on the bank note? if no she has no legal right then she has no right. put her stuff in storage pay the first month give her the number and key, tell her to pay it or get it out. change the locks on the doors. do a change of address with the post office dont except her mail do a return to sender.
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you have to go through tenant/landlord court just like anyone else. throwing her stuff out will cost you a lot because you will be liable in court to pay her for treble damages for all of her belongings. you are not allowed to evict anyone, period. the only thing you could do is sue her in tenant/landlord court. if you try to throw her out she could call the police, the police could end up forcing you to take her back if they could even arrest you if you try to throw her out. i knnow your pissed, but would you rather do it legally, then end up in jail.
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you have to through tenant/landlord court to evict her. if you do otherwise you could end up: jail, paying triple the worth of her stuff, or charged with robbery.
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Another older post that is revisited! This is a sticky situation. As far as I know, (I was born and raised in CA, lived there till 2000) Common Law may well be in affect here. I hope you contacted an attorney, because I strongly believe YOU NEED ONE! I hope things worked out for your son's benefit, because honestly HE is the one most needful of a happy ending, or as happy as possible! He's just a child forced to deal with the grown ups decisions! I hope all of you have found a way to make things work that as fair and reasonable, and supports your son getting what he needs for a positive and loving home. Good on you for being a Dad, who is caring for his child. I hope you have found peace and some joy in your new life. (sounds like you are better off shed of her!)
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Bub: You better see a lawyer asap before you do anything.
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