Need "legal" advice about evictions

WuzLovesDubs

As you guys know, I moved out of my home a year ago to get away from my verbally and mentally abusive JW husband. Turns out he was trying to force me out and was not unhappy when I left. Upon hearing that I was leaving, my oldest moved out on his own and the two youngest said they wouldnt stay there with him because he was verbally abusive to them as well, and they moved out with me. Well not even a week after I said I was moving, he was having secret meetings with his JW sister, her husband and their five children during which they all agreed to abandon THEIR house and move into MINE. (He said he "needed a roommate to help with the expenses" never mentioning there would be SEVEN of them) We had just added a second story and a four car garage to the house and it was still under construction from stem to stirn when I left which was also part of my needing to leave...we were living out of boxes and every wall was ripped open or under construction. The house is 4000 sf now. It was horrible living there and he was using the kids as slave labor. We ended up filing bankruptcy but keeping only the house when the housing market crashed. Its the only thing I have left.

So a month after I leave....that whole clan and all their crap moved into every corner of my house. (They have so much shit that even after a YEAR they have not moved all of it over there yet...storage lockers, sheds, garage...and every single appliance in their place came to my house) To the point now a year later that my husband (since we arent divorced yet) is considering "moving out and getting his own place" because he is overwhelmed with the crowded house, noise, clutter!! He said he "didnt know how to get out of this mess" WTF?? ... I dont feel sorry for him. But dammit...he ISNT GOING TO GIVE MY HOUSE TO THESE PEOPLE!! They DONT pay bills. They have filed bankruptcy twice in 9 years and arent paying back the money they got from my father in law nor are they paying their rent to my husband...who just lets it go and lets it go. But they have a new wide screen TV, and a new car for their unworking pioneer 19 year old son and all the latest cell phones and video games.

Meanwhile my two kids and I are living in a 1300 square foot townhouse and are on top of each other. Its nice...but insanely squished and between my rent and support from my husband it costs about 2800 a month for us to be here and for him to be THERE. Which is rapidly becoming unsustainable.

Well after a year of talking and calming down we have agree the marriage is a bust but that we can be civil to each other. I have proposed that we share the house. I live upstairs he lives downstairs as a way to solve this "mess". There are three bedrooms two baths a laundry and living room upstairs, three bedrooms a kitchen, dining, two baths and living room downstairs...all this is on a 3/4 acre lot mind you. Its quite beautiful there albeit unfinished. He has not said one word about my proposal. I am assuming he doesnt want the consequences of having to tell these people they now have to move all this shit OUT after moving it all IN. But nobody gave any consideration to my owning the damn place. They just did whatever the fuck they wanted and never asked me about any of it because Im the apostate and am given zero consideration.

So these people moved in and "helped" get the place livable...for themselves to live there. They abandoned their own house which is going into foreclosure. They have decorated, painted and furnished my entire house as if they are going to live there forever, including moving into my yard all his work trucks, trailers and extra cars...it looks like a redneck dump now. Makes me sick to see it. AND...the kicker is they have told my ex to tell me I am no longer allowed there! My own fucking HOUSE!

So I want it back. I want to MOVE BACK INTO MY HOUSE AND KICK THEM OUT! They have no formal lease and it turns out under the law he cant rent it to anyone without my permission. Nor can he refinance it nor can he sell it without me.

How do I get them out of there??? How much notice do I need and do I need an attorney to evict them?

Scott77

marked for later reading.

wannabefree

They probably have some kind of squatters rights. I don't think you can evict them over night. Check with your local court system.

thetrueone

I'm not sure what your local laws are for people who you've invited to your home to live are.

It does sound like since they are not legally renting the property with rental rights attached, they have no rights at all.

Assuming that you have joint legal entitlement to the house and property binding on your marriage,

I wound file for divorce and come to some kind of agreement within the settlement itself.

Would you really want to live with your ex-husband living on top of you ? YUCK

Especially since he's an arrogant SOB JWS that more than willing to make up the rules for himself

and his religious brotherhood. You have legal rights to that property just as your husband does, but right now

he's playing the cards for himself. I'd spend a little cash on some real legal advise and have some legal

documents written up and delivered to this doh head soon to be ex.

Give him some spiritual enlightenment of a different kind.

GLTirebiter

Without your husband's cooperation, you will have a hard time getting them out and (even more important) keeping them out. You do need legal advice, as in "lawyer". I'm sorry you're in such a messy situation, I hope it turns out well in the end.

JeffT

I've been working in real estate for twenty five years. Some questions:

Most important: who owns the house?

Is there a rental agreement?

I have to run, I'll check back in a bit.

Elsewhere

> They have no formal lease

1. Tell them to leave.

2. If they don't leave, call the police and say there are intruders in your house.

WuzLovesDubs

We own the property equally and mutually, bought during the marriage. Florida has 50/50 marital property laws. There is no lease. He has some "written" agreement between them so he says..havent seen this....but its substantially an illegal document with regards to them being lessees since husb cant do that without my signature. We are not eligible to refinance the house until two years from the date of the bankruptcy filing which is this Dec. He keeps checking his credit scores but wont tell me what he thinks he is going to do.

JeffT

This one is too complicated to deal with on a message board. Talk to your divorce lawyer. Now. If your bank gets wind of this there may be a bunch of trouble as the asset backing the loan is loosing value. On the other hand getting them out may be as easy as phone call to the police.

sherah

Most cities have free legal services, look into it. Even if you don't qualify for representation, they will usually give free advice.

Is there is a "verbal" agreement btwn the relatives and your husband? Then your husband has to man up and tell his peeps to get out since he invited them to live there. Since your husband lives there and jointly owns the property, i think it would be hard for you to have the freeloaders thrown out by calling the police unless he is in agreement with this action.

If a written agreement is in place, You will have to file eviction paperwork with your city/county; it has to be a joint filing in my state when there is more than one owner. Takes anywhere from 30-90 days.

Need "legal" advice about evictions

Share this