Hi, Here's my story. I live in Northern NY. I own my own home, and have been living with my boyfriend for a 1 1/2 year now. I have been asking him to move out pretty regularly for the last 6 months and I have about reached my wits end. Whenever I ask him to leave he tells me that it's just as much his house as mine and that if he leaves he will take all my stuff with him, and there is nothing I can do about it but take him to court and by then he will have everything!! (I just recently bought all new furniture and a new plasma tv). He has a very bad temper, and throws fits when I ask him to leave. I called the police once and they told me Id have to evict him. I went to city court to get eviction forms but they said they didnt supply them. Mind you he has been unemployment for 5 months and barely give me any money to help with bill's. Sit's around all day doing nothing!!! What a prize I got!!! I would appreciate any help you can give me! I dont want him to take all my stuff!!! Thanks!
2007-03-19 06:24:15 · 14 answers · asked by Laurie 2 in Politics & Government ➔ Law & Ethics
The house is Mine I bought it before I ever met him, all in my name, and I have reciepts for all of my furniture and belongings that he is threatening to take.
2007-03-19 06:37:23 · update #1
Take a white dinner plate , write his name on it with a magic marker.
Next you all sit down to dinner Show him his plate, than smash it on the table.
The free meal is over.,
Works for me!!
2007-03-27 03:13:42 · answer #1 · answered by Anonymous · 1⤊ 1⤋
OK what you need, need, need to remember did you at any point in time agree with him that he should have a shared interest in the house? If you did then you cant evict him!! At law when you own a house even though you are the absolete owner,name on the deeds, paid for the house all on your own, but you agreed that your boyfriend have an equal interest to you in the house then at law it is much his as yours!!! this is called a constructive trust...where the courts will imply that you intended for him to have a share in your house. But if you made no agreement of this kind, then his presence there is what we call a liscence. A liscence a a grant or permission to enter ones land. If you promised him that he could stay there and he acted upon that promise and acted to his detriment then you cannot evict him. Lets say you told him he could live thereand at the time because of that promise he turned down a house he was going to move into, he suffered a loss becuse of that promise the courts will tell you you cannot go back on your promise, and will grant him a liscence for life meaning he will live there till he dies! If however you promised him nothing of that kind the lisence can be revoked with notice.However if he lived there and substantially changed his position to the point where it would be wrong of you to evict him the courts will allow him to stay. Lets say while he was living there he started a business downstairs (an example) he changed his position in respect to that land and it would be unfiar for him to leave!!! something to that extent.But what you could do seeing as you are the absolute owner sell the house and buy a new one so the new house he would have no interest in that house!If he does take your stuff then he can be charged with theft, burglary as a matter of fact!Bottom line is if you have promised him an interest in the house or that he could live there and he suffred a loss because of that promise you made to him then you cant evict him. However if you didnot do anything of the sort then evict his ***!
2007-03-19 11:26:10 · answer #2 · answered by hershey's kisses 2 · 0⤊ 1⤋
I have known women to go to the court system and get ex-part-es against there boyfriends to get them out of there house. if you obtain a restraining order then it will automatically evict him from the residence since he cannot be within 1000 feet of you. And it will also indicate what he can take out of the house which usually only includes his personal items and no actually furniture he would have to take you to court for that. You say that he has a temper and throws fits when he is asked to leave so if you are scared of him in any way this may be your best option and then even after hes gone her legally cannot do anything to you without the possibility of jail time. good luck
2007-03-19 07:15:17 · answer #3 · answered by nn012899 1 · 3⤊ 0⤋
I suggest getting a restraining order, if that is at all possible.
You should be able to pulldown eviction forms from the website of the Country or City courthouse.
Before you can physically put him out, it has to be a legal eviction which means, you can't throw his stuff out on the street. I would also start with giving him documented requests to leave your premises. Keep track of everything so in case you end up on The Peoples Court (te, he), you have taken even precaution to do so.
Good Luck with getting rid of Fido and his fleas.
2007-03-26 08:53:44 · answer #4 · answered by Honeyluv 4 · 0⤊ 1⤋
You may want to try this suggestion, next time he gets his temper up try and goat him into more, see if he will throw something not at you but at the wall and make a threat toward you at that point call the police immediately on a DV charge, most likely when the police come out he will be arrested
At that point you can go and get a TRO issued against him, to which he will never be allowed to come near you or your house again , and will need a court order and police escort to get his things and with the police he will not be allowed to take anything he can not prove he bought
2007-03-19 07:23:14 · answer #5 · answered by goz1111 7 · 0⤊ 1⤋
You could get a restraining order & simply change the locks, if his name isn't on anything he doesn't have the legal grounds to authorize a locksmith to change them or cut him keys.
If he isn't paying rent or anything, he should classify as a squatter...you shouldn't need to provide him with an eviction notice if he's not a legal resident of the dwelling.
2007-03-19 07:30:37 · answer #6 · answered by Kat 2 · 0⤊ 0⤋
Not trespassing, you do have to evict him. But if he signed for the house with you then you have a problem. If not, you need to call whoever handles that. In Texas it is the constable's office, call the local police and ask for more information I know they know.
2007-03-19 06:32:37 · answer #7 · answered by dude0795 4 · 0⤊ 0⤋
save the receipts if his name is not on the lease your good go to the police station and talk to them tell them your in fear of your life and u want a order of protection against him that should work or call your dad ,brother and guy friends and have them come over and kick him out but still get a order of protection and change the locks and have someone stay with u till this blows over i went threw this to and he's threat's were so frightening i couldent beleave it { goz1111 has a good one}}
2007-03-19 08:33:27 · answer #8 · answered by XoAngieXo 3 · 0⤊ 0⤋
Did he buy the house with you? Or did you buy in and say he could move in?
If you dont want him in and he has no ownership of the house and you tell him to leave and he doesnt, I would think that would be tresspassing and you would be able to have him arrested.
Thats what I would think.
2007-03-19 06:28:41 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You will have to check to state laws regarding trespassing, because you typically cannot evict someone with whom you have not signed a lease.
2007-03-19 06:30:51 · answer #10 · answered by Biz Iz 3 · 0⤊ 0⤋
What part of the cops advice did you miss. Go to the courthouse and start the forms.
2007-03-26 14:10:45 · answer #11 · answered by eddie9551 5 · 0⤊ 0⤋