Evicton question?

[GreenheadJim]

My nephew and his wife has been having some problems. He works nights and woke up today to 2 sherrif's deputy's. They said that his wife was having him evicted. Is that legal for her to do?

[Faithful Retrievers]

Thats out of my league but I think it would have to do with there "legal" status married/seperated. If they own a home together or have a lease where both are named I don't see where you can be evicted from your own home. What I do know if its gotten to that point its time to figure out another living situation until other things are figured out. Its not good to be together in those circumstances especially if kids are involved.

[GreenheadJim]

[eSJay]

well i've never heard it called eviction, but the bottom line is if she wants him out, he should get out. shouldn't need a leo to make it happen.

[GreenheadJim]

[judge jb]

sounds more like a restraining order.

judge jb

[peewee]

[lilwhitelie]

Sounds like this was planned. If they owned...it wouldn't be an issue because he could stay as long as he wanted. Even if they rented and both names were on the lease he could stay. She was planning this by moving into her parents house but still if he established residence he shouldn't be kicked out by her anyway.. Maybe by the parents. Even then he would at least get a notice. On the flip side it sounds like she was planning this and he may be lucky to just be kicked out. Sounds like she may be the kind to do the whole soap in a sock to herself and then call the s.o. And blame him!!!

[GreenheadJim]

[Relentless]

Jerry Springer could sort this whole mess out...

[SHANE704]

**Im not an attorney**

But with my rental property, you cant just throw someone out like that...You have to post an eviction notice and give them a certain amount of time. And Im sure there is alot more of legal paper work but its not as simple as getting a LEO to go tell them to get out.

[Seymore]

There is a whole legal process that has to be followed to evict someone. I've done it a few times with foreclosed property. The person has to be served with eviction papers, then a court hearing, then you have to set the date for the constable and the law enforcement for the municipality or county to meet you there. Not only that but the property owner also has to hire movers to go in and set the person's stuff who is being evicted on the street corner.

I can almost guarantee there is no lease in this deal. Sounds like a set up and he needs to lawyer up fast. Bet the parents called and said we have someone who has taken up residence in our property without permission and we need him gone.

[huntsober]

Her family owns the house?? He is out...save the lawyer money and get a place to stay.

[Seymore]

[LODI QUACKER]

yep!

Is not worth the trouble. Was it done right? NO. but who cares.

Get the sheriff to go back with him and get his personal stuff and find another address.

sux but he has been set up.