A guy owns a house and then his girlfriend moves in with him. They live there together for a few years. The house is only in his name, but she lives there full time and gets all her mail there. Not sure if they actually split bills or not, but it's all in his name. They get into a fight and he threatens her. She gets a restraining order against him and he's not allowed in his house by the cops. He says she doesn't live there (not true) and she shows them that she gets mail there. How would this guy go about getting her out of his house or is he screwed?
2007-11-19 07:48:16 · 8 answers · asked by Cyber Stalker III 3 in Politics & Government ➔ Law Enforcement & Police
I should mention this is in the state of florida...
2007-11-19 07:48:52 · update #1
I'm not positive how things are done in FL, but in most places the house would be considered the 'matrimonial home'. As a 'home' they both have certain rights. However, since he owned it before she moved in it is probably still his legally his if things go to court. Unfortunately they will have to get lawyers involved. If they have lived together for a certain amount of time, usually one to three years, they share rights to anything obtained after they started living together. Headed to court, undoubtedly. Good luck!!
2007-11-19 07:56:45 · answer #1 · answered by Penguin_Bob 7 · 1⤊ 3⤋
"Other states including, but not limited to New York, which abolished common law marriage April 29, 1933 and Florida, which abolished common law marriage in 1968, recognize marriages entered into there before it was abolished."
So, the community property idea is not an issue. It also depends on the type of restraining order she has. Some are temporary until a hearing has taken place. During the hearing bring out, that you are the owner of the house and show proof. Like a copy of the closing documents or even a copy of the property taxes. At that time arbitration may be step 1 to resolve issues. Indicate that you are not financially able to pay a house note and rent and the additional living expenses. But dude..why didn't you cool off and then just ask her to leave? You could have given her a request to leave & time to conform. Then you would have looked better in the eyes of the judge/law Instead of looking like a potential jerk with a domestic violence mark against you. ( If that does not help then a formal eviction will take place.)
2007-11-19 09:01:49 · answer #2 · answered by Anonymous · 2⤊ 0⤋
In California, if there is no rental contract, then be default anyone living in that situration would be in a month to month lease. So you could serve her a 30 day notice to move out. I'd get a legal process server to do it so its official (she can't say 'I didn't get it.' ". She will probably ignore it, so you would then have to start in eviction process.
2007-11-19 11:18:29 · answer #3 · answered by JR 4 · 1⤊ 0⤋
He would need to get proof that he owns the house. And go to court show the judge that he owns that house showing proof and that his girlfriend name is not on that house at all. then the judge can kick her out and he can get house back. Because she getting mail there in her name doesn't prove that her name on the house or anything at all.
2007-11-19 07:59:36 · answer #4 · answered by Proud mom 4 · 2⤊ 2⤋
Since she has established the house as her residence (regardless of rental contract or exchange of money) he needs to evict her. He can ask her to leave (as long as it does not violate the protection order), however to force her out he needs to go through an eviction.
2007-11-19 07:56:23 · answer #5 · answered by davidmi711 7 · 0⤊ 1⤋
He will have to go before a Judge and prove that he alone is on the lease. But, unfortunately, since it's been a few years then it's probably been long enough for the common law marriage to kick in. He'll have to do like before and appear before the Judge and try to go that route.
2007-11-19 07:53:00 · answer #6 · answered by woodsmaster99 1 · 0⤊ 2⤋
The best way to get her out is to evict her. Seriously. Go through the eviction process with here.
2007-11-19 09:34:19 · answer #7 · answered by Fishgutts 4 · 1⤊ 0⤋
It is unlikely he has a rental agreement to enforce. He should offer one up immediately and if she refuses to sign it he can begin eviction processes showing he offered up a rent agreement and she refused. He's going to have to live elsewhere - she can drag it out 3 months if she wants too.
2007-11-19 07:52:46 · answer #8 · answered by netjr 6 · 0⤊ 1⤋