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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?

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.

Faithful Retrievers wrote: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.

They just moved into a house owned by her parents. Not sure about a lease agreement. I think the whole thing was planned because they just moved a few weeks ago. They were renting a house from me and moved out and left me in a bind. From what I understand, only the courts can evict someone and the process takes weeks. The law should've known that.

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.

eSJay wrote: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.

I agree. He should've left a long time ago. He stayed for the sake of a child. It's just that the law made him leave and all he got was his clothes. I just don't think they had the right to just throw him out without a court order.

sounds more like a restraining order.

judge jb

eSJay wrote: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.

I disagree, he needs to lawyer up. Abandondonment may come up if this gets nasty, and if he JUST LEAVES. Don't think this happened all on its own. This is planned and this type of stuff has happened before.

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!!!

lilwhitelie wrote: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!!!

It was a house that her parents owned. They were renting it from them. Nit sure about any lease agreement. When they lived in my rental house, I tried to have them evicted (esp her) because she was literally destroying my house. I understand that he was responsible also, but he works 60 hours a week at nights and she stayed home 24/7. When I say she did nothing, I mean she did nothing. The law told me that I couldn't put her out, or him for that matter. They said that I had to go through the courts. They finally moved and 2 weeks later, she had the law make him leave. I really have no sympathy for him, but I believe the deputies didn't act according to the law. Prob some buddy buddy going on with the parents and the sherrif.

Jerry Springer could sort this whole mess out...

**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.

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.

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

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

He's going to need the lawyer to get the rest of his stuff. As I understood it all her was allowed to leave with were his clothes. I'm assuming he's got a whole bunch of other stuff he left behind.

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.