About a month ago my father passed away. He owned several apartments and one house where he lived. He bought the house under my name (he told me before that he wanted me to have the house) several years ago.
His current wife (2nd wife), who did not even live in the house came here after his death and is not leaving. He asked to stay for a month, but now she is saying that it's her house and she is not planning to leave.
I am trying to be reasonable in letting her stay in the house in memory of my dad, now now I want her out.
I would like to be civil and would not like to avoid big scenes, but at this point I see no other options.
I was thinking of changing locks while she is out and not letting her in. Or telling her to get out by certain date (but I am afraid she will steal everything she can from the house).
What should I do? Please help!
2007-01-07 02:17:51 · 23 answers · asked by tutubien 2 in Family & Relationships ➔ Family
The house was bought in my name. It's 100% legally my house. The question is not a legal one, but a moral and practical one.
My lawer already told me that it's my house and I can throw her our today if I want to. My dillema is how to do it to cause less stress for me and be as humane as possible (although she is very agressive toward me).
She has a place to stay and money to live, so that's not an issue.
2007-01-07 06:52:07 · update #1
file a report with the police and ask what your rights are, change the locks give her money for a hotel and ship her stuff over.
2007-01-07 02:21:28 · answer #1 · answered by ponitail 55 5 · 0⤊ 0⤋
If the house is deeded to you and there is no legally binding agreement allowing her use of the domicile then she has no case. Do NOT change the locks, that will only make things worse and complicate it further. Speak to a civil attorney if you have not done so already and get options. She can be forecefully evicted from the residence but that shoudl of course remain a last resort. What you shoudl do is make it clear to her your intentions, state a deadline (maybe three months) for her to vacate, and back it up with a written demand to vacate from your attorney. But be humane. If she has no other place to go then you shoudl do what you reasonably can to assist her. Offer to pay the first two months rent on an apartment for her or help her secure a mortage on a place of her own. But the deadline is crucial. Set it and stick to it.
2007-01-07 02:33:59 · answer #2 · answered by douglas l 5 · 0⤊ 0⤋
First start by taking dated pictures of the inside and outside of the house and all the belongings. This way if she takes anything or causes damages you have some proof.
You need to file a police report and see if they will tell her to move. The problem is that you allowed her to move in. You may have to go through an eviction process. It varies by State.
Normally you must give her a 15 day notice to vacate. Then if she still doesn't move, you have to go to Court and have her evicted by the Court. That can take up to 3 months, so get started now. The longer you wait the more questions the Court will have. If the house is in your name, then you are the owner despite the fact your Father gave it to you.
2007-01-07 02:50:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
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2016-10-06 13:54:08 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Post a sign that says "No Trespassing" and have the magistrate issues a "No Tresspass" warrant on her for that address. All you need is the deed to the house to prove that you own it.
You can certainly change the locks as well.
If she never lived there, she's nothing more than an unwanted guest and you can actually just have the local law enforcement remove her from the premises.
Good luck to you...
2007-01-07 02:23:20 · answer #5 · answered by thegirlwholovedbrains 6 · 0⤊ 0⤋
If he wanted you to have the house, this should be in the will. If it is then the second wife has no choice but to leave and you should contact the lawyer of the estate to have this carried out. If this is not in the will then you may have some trouble proving that this was his wish and she may get to stay since they were married even if she was not living there at the time.
2007-01-07 02:22:19 · answer #6 · answered by Debra M 3 · 0⤊ 0⤋
You need to contact an attorney and if she had no rights to that house on your fathers will...she will have to leave. You need to take legal action and I can almost bet once she gets notice of legal action....she will leave and if she doesnt you might have some drama....but it is your house. Dont feel bad if she wants to be this way with you. Obviously your dad didnt see much in her anyway if he didnt leave her a house. Be strong and it has to be hard enuf on you just for the the fact that you lost your dad. Stay strong and I am sorry for your loss.
2007-01-07 02:22:37 · answer #7 · answered by Believe 2 · 0⤊ 0⤋
If your father left a will that states that the house is definitely yours then you should have no problems. Perhaps you can make arrangements with the 2nd wife to sell the house and split the proceeds with her. Unless your intention is to move into the house then your only option is likely a legal one. Contact a lawyer asap.
2007-01-07 02:50:55 · answer #8 · answered by GAil K 1 · 0⤊ 0⤋
Go to the police with the deed or ownership to the house and your dad's will stating it is "YOUR" house and have them issue her some kind of paperwork demanding she get out right then and there. She can come back at your convenience when you are home to get her things. It will be hard to do, but better for you. And when she is escorted out the first time, change the locks pronto. Good luck.
2007-01-07 02:20:59 · answer #9 · answered by elanabutcher 4 · 0⤊ 0⤋
Go over to the house and get things out yourself. Consult with an attorney. I can assure you that she is probably doing the same thing. Get all the information about probate laws in your area. Find out if the law protects you. Try not to let her know that you are looking into this. After you have all of the necessary information about where you stand. PUT HER *** OUT!
2007-01-07 02:22:21 · answer #10 · answered by Vernita B 3 · 0⤊ 0⤋
The only way I know to get someone out once they have moved in is to go to court and get an eviction. You probably should get a lawyer to help with this.
If the house is in your name, you get to decide what to do with it, but you must do it within the law.
A lawyer can help you to make sure that she does not take anything that does not belong to her when she goes.
This is one time when you need to have professional help or you may end up with her making claims against you and wasting your time and money fighting her anyway
2007-01-07 02:58:52 · answer #11 · answered by Marilyn E 4 · 0⤊ 0⤋