This is involved, but my son and daughter in law moved out of my house last fall, leaving a good deal of their stuff behind. Due to my dil's mental issues I don't want her on my property or in my house. She insists I have to. Do I? I've told my son he can come and get their stuff, but not her. Am I within my rights as a home owner to ban her from my property and house?
2007-03-19 05:47:43 · 9 answers · asked by Arden T 2 in Politics & Government ➔ Law & Ethics
There might be variations in the law depending on what State you are in, but typically, if you are the owner of the property (it is deeded in your name) and neither your daughter-in-law nor your son (or anyone else) has a property interest in the house (tenants in common or joint tenants), then you have the absolute right to prevent her from entering to claim her personal property. However, you do need to make reasonable efforts to give her an opportunity to reclaim her personal property.
Ask your son to help you avoid having to have the sheriff come out to watch her remove her property by taking it away himself. if he refuses, then call your local sheriff's office and tell them you need to set up a time where they can send out a deputy to observe her while she takes her stuff.
2007-03-19 05:55:31 · answer #1 · answered by elvez 2 · 0⤊ 0⤋
Yes, you can require that a particular person not come on your property. If you want, get a court order.
You, however, will need to return her property. Arrange for a day when your son can come and pick everything up, without his wife.
2007-03-19 05:56:07 · answer #2 · answered by Jay 7 · 0⤊ 0⤋
Yes, but it will turn into more of a headache. I am assuming that your step daughter is over the age of 21
You have every right to refuse to let her in your house. But you do not have a right to keep her things. You should arrange a time, in writing, for her to come and get her things. Or, arrange to have it put in storage for 1 month and give her pleanty of notice to get it. Until she gets her things you are responsible for any loss or damage to her stuff.
As a practical matter, it would be much easier for you to just suck it up and let her come get her stuff. Be adult about it.
2007-03-19 05:54:58 · answer #3 · answered by BigD 6 · 0⤊ 0⤋
You can ban her from your property and house.
However, you do have to give her the property that is hers. Just as you can call the police on her trespassing, she can call the police for you barring her from her property.
Be careful of this can of worms.
2007-03-19 05:53:32 · answer #4 · answered by Chali 6 · 0⤊ 0⤋
Absolutely and if she shows up again call the police, you will help your case if you post a "No Trespassing" sign on your property that is visible to the street and normal pedestrian traffic.
2007-03-19 05:51:00 · answer #5 · answered by bigbro3006 3 · 0⤊ 0⤋
you are in your rights. talk to your son about this.and tell him how you feel. if she wants to come to your house to get her belongings, than I would suggest you have a police officer there, so if anything goes wrong you will be protected. and after she get her stuff advice her not to come over any more and that you will press charges for trespassing.
2007-03-19 05:58:47 · answer #6 · answered by misty blue 6 · 0⤊ 0⤋
I would figure you can ban her from your home. It is YOUR home, private property and you can do as you please.(within limits of course) If she is a threat to you try getting a restraining order.
2007-03-19 05:52:22 · answer #7 · answered by lorraine 2 · 0⤊ 0⤋
Sounds like you are the one with the mental problems. Why woulnt you just work things out with her.? And give her what is rightfully hers.
2007-03-19 06:01:34 · answer #8 · answered by PUBLIC CORRUPTION 2 · 0⤊ 0⤋
You are withing your rights to restrict access to your home to anyone who does not live there. Since they have been out so long its obvious they are not residents.
2007-03-19 05:51:14 · answer #9 · answered by meathookcook 6 · 0⤊ 0⤋