Quickie Legal-ish question for a friend

[Heddi]

I have a friend whose boyfriend lives with her. They have been together for about a year and have an infant son together.

My friend owns the house they live in. Her name is the only name on the deed/mortgage.

As of late, she has become increasingly unhappy with her boyfriend for a variety of reasons that are neither here nor there. She has asked him numerous times to leave, to break up, etc, and he refuses to leave.

My question--does she have to go through an eviction process to get him to leave the place--meaning, serve him with papers before she can remove his shit and change the locks? Or, because she's the owner of the house and nothing (deed, utilities, phone, etc) are in his name, can she just kick him out and change the locks, remove his shit, etc, since's he's refusing to leave on his own?

Thanks!

[mainegreen]

1. I'm not a lawyer, but I say

just hang around in ones undies eating beans, having gas and watching shopping network.
He'll go away!
:evilgrin:

[taterguy]

2. Your friend shouldn't rely on the Internet for advice

Landlord tenant laws vary by location, she should check with a local legal expert: maybe Legal Aid or someone in the city's office.

[Heddi]

4. well she's going to

check with legal aid but she can't get an appointment for a while, and she's at the point where she wants this guy out now. At first I thought that since he had a key and had taken up residency at the house that he was considered a "tenant", but seeing as she owns the house and property, I wasn't sure.

She's not "relying" on the internet for anything. Just curiousity to satisfy her until she could speak with someone.

[Shell Beau]

3. If she is the only one on the lease-mortgage, she has

every right to change the locks.

[Book Lover]

5. My 2 cents: Before changing the locks, she needs to be advised about their child

I would say that she needs to get her legal ducks in a row regarding establishing his and her rights & responsibilities re: their child.

[Heddi]

6. She's in a hard spot

because she feels that he looks at her as his sugar momma--and she is, in all honesty. She has tried talking with him about being unhappy, about her feelings, etc etc and he's just like a brick wall. She feels that having him move out (which he refuses to do on his own) is the ONLY way that he'll begin to make decisions about their child--when she attempts to talk to him about it (in an "I'm unhappy with you, I don't love you, and we're not going to be together forever so what do you want to do about the kid" way), he is just "blah" about the whole thing. In addition to wanting him out of her house, she feels that getting him out may put the fire under his ass to start being a bit more decisive about their child...

aye. Times like this makes me happy I have no children and no life drama :D

[Lyric]

7. Landlord/tenant laws would not apply

because they have a domestic relationship, not a landlord/tenant contract relationship. Domestic disputes are governed in a completely different manner than other ones. In some ways, this is unfortunate because domestic assault/battery carries a lesser penalty in most states than regular assault/battery.

Before changing the locks, tell her to go get temporary legal custody established for the kid until any potential custody disputes are resolved in family court, and get a restraining order in place if she thinks he'll be a stalker-type. Then she's free and clear to throw the bum out. :)

[Floogeldy]

8. That is a great question.

This requires a little planning and action. She needs to change the locks, put his personal belongings out on the porch, and call the police if he makes a stink about it when he comes home and discovers that he is locked out. Even better yet, call the police beforehand so they will be there when he comes home.

Of course, depending on the state, I could be totally wrong.

;)

[flvegan]

9. He gets his mail there? In many states, an eviction is needed.

She needs a lawyer.