QUESTION
How do you get a girlfriend out of your house?
Asked on Nov 04th, 2014 on Real Estate - Florida
More details to this question:
My son lives in FL and lives with a girlfriend and her three children. The relationship has gone bad and he wants them out of his house but is trying to be nice and give them some time to find a new home. Things have gotten worse and she is threatening to call the cops if he even asks her questions about anything. He now wants them out of his house asap. How would he go about doing that? The mortgage is just in his name but she has helped pay some of the bills while they have lived there. Would it be difficult to have her evicted from the house?
1 ANSWER
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From your description, she's been asked to leave and refuses to leave, claiming she has a right to be there. Assuming she has had no lease and hasn't paid rent, a landlord-tenant relationship doesn't exist so eviction isn't the proper way to go about removing her. Instead, he would need to file for an ejectment (or an unlawful detainer depending on the details). For an ejectment, he would need to prove that he has the rightful ownership of the property and show his claim to title (solely - not with her on it, too). If the mortgage and title are in his name only, the fact that she has helped pay some bills shouldn't give rise to a legal right to deprive him of the property. Ejectment, unfortunately, is a little more involved than a simple eviction, so he may want to retain the help of a lawyer to file and proceed with the ejectment.
Answered on Nov 04th, 2014 at 8:28 AM