Eviction from Marital Home


#1

If you are living in the home, and not paying rent, and your father-in-law did in fact by the home and IS paying the rent, then he has every right to ask you to pay rent. It doesn’t matter if you didn’t sign anything. Technically, that means youre living in a home you have no LEGAL right to live in. It sounds like your father-in-law is trying to be reasonable in giving you an opportunity to pay for your housing. If he has someone else willing to rent, then he is within his right to give you due notice to pay rent or find another place to live. One week doesn’t seem fair though. If you decide to stay and pay rent, I would insist upon a lease agreement stating that you will pay rent until your new place is ready in June. I am pretty sure your father-in-law doesn’t want you and his grandchild to be homeless. I would deal only with him…not your ex. BUT I don’t think it’s your marital home if you and/or your husband didn’t buy it and have your name somewhere on a document. You would know if you were…it’s a lenghty process (deeds, mortgages, insurance…)


#2

When I read Comingclean’s repsponse I realized I left out some information in my question. I have been paying the lot rent ($216/mo)because the home is in a trailer park. My husband’s name is on the title of the home. My name is not. My arguement is that just because my husband walked out and left me doesn’t make me responsible for all of the bills. I have paid every single one of them in full and on time. After reading many other posts it sounds to me like my father-in-law can in fact request I pay him the rent but he would have to request that his son pay half of it as well? I plan on moving out in 2 weeks and I do not plan on paying them for any of it? Does this sound correct?


#3

Just because your husband walks out, doesn’t obligate him to pay anything unless you go after him legally. You’ll have to get a lawyer and find him…sue him for abandonment (which seems the case from what you describe)as well as spousal support and child support, and see what the lawyer says. Until then, you’ll have to pay the bills. The father-in-law doesn’t have to ask his son to pay half…it would be NICE, but there is no law stating he has to do that.

You need a lawyer. If you’re moving in 2 weeks…then just stall the best you can, then leave. BUT you need a lawyer ASAP.


#4

Now, last night my father-in-law informed me my husband “sold” him the trailer and now he owns it and I am trespassing.

quote:
Originally posted by ComingClean
[br]Just because your husband walks out, doesn’t obligate him to pay anything unless you go after him legally. You’ll have to get a lawyer and find him…sue him for abandonment (which seems the case from what you describe)as well as spousal support and child support, and see what the lawyer says. Until then, you’ll have to pay the bills. The father-in-law doesn’t have to ask his son to pay half…it would be NICE, but there is no law stating he has to do that.

You need a lawyer. If you’re moving in 2 weeks…then just stall the best you can, then leave. BUT you need a lawyer ASAP.



#5

It sounds to me as though there are conflicting stories. First, if your father in law bought the mobile home and gave it to your husband as a gift but did not give it to you as a gift then your husband owns it and he can force you to leave but it’s still considered the marital home and legally has to give you notice to move, (I don’t believe a week qualifies). If your father in law bought the mobile home and his name is on the paperwork alone, then he can force you to pay rent from the time his son moved out, he can evict you after written notice of 30 days and failure to pay the rent. If your father in law helped you and your husband to buy then both your names and your father in laws name would have to be on the paperwork, in which case if no one else is making payments, you would be responsible, but your father in law has no legal right to make you move.
If your husband sold your father in law the mobile home then that means that you and your husband owned it. In which case, he can not sell it without your signature, or without dividing the money that your father in law paid your husband.
Your father in law will need to send you an eviction notice and then you should still have 30 days. If he brings out law inforcement, you can explain to them that you have had no written notice and that you are married to the owners son. If there is no court order or paperwork stating that your father in law alone owns the mobile home, law enforcement will not get involved.
You really need to talk with an attorney!


#6

I spoke to my attorney. I have left the trailer and moved all of my belongings. I even cleaned before I left. My atty. said that they have no claim against me. I don’t owe his father any money. Thanks for all of your responses!!

quote:
Originally posted by stepmother
[br]It sounds to me as though there are conflicting stories. First, if your father in law bought the mobile home and gave it to your husband as a gift but did not give it to you as a gift then your husband owns it and he can force you to leave but it’s still considered the marital home and legally has to give you notice to move, (I don’t believe a week qualifies). If your father in law bought the mobile home and his name is on the paperwork alone, then he can force you to pay rent from the time his son moved out, he can evict you after written notice of 30 days and failure to pay the rent. If your father in law helped you and your husband to buy then both your names and your father in laws name would have to be on the paperwork, in which case if no one else is making payments, you would be responsible, but your father in law has no legal right to make you move.
If your husband sold your father in law the mobile home then that means that you and your husband owned it. In which case, he can not sell it without your signature, or without dividing the money that your father in law paid your husband.
Your father in law will need to send you an eviction notice and then you should still have 30 days. If he brings out law inforcement, you can explain to them that you have had no written notice and that you are married to the owners son. If there is no court order or paperwork stating that your father in law alone owns the mobile home, law enforcement will not get involved.
You really need to talk with an attorney!

#7

Dear melcates80:

Greetings. No, they cannot force you out. They would have to file a legal process of eviction. Good luck and glad to see you went to get an attorney.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

Just in case you followed up with my inquiry…the mobile home comes with a title (like a vehicle) my husband’s name only (not mine) was listed as OWNER, his father’s name was listed as LIEN HOLDER. Does that make sense? In this whole process I never signed anything but it all happended after we were legally married.

quote:
Originally posted by stepmother
[br]It sounds to me as though there are conflicting stories. First, if your father in law bought the mobile home and gave it to your husband as a gift but did not give it to you as a gift then your husband owns it and he can force you to leave but it’s still considered the marital home and legally has to give you notice to move, (I don’t believe a week qualifies). If your father in law bought the mobile home and his name is on the paperwork alone, then he can force you to pay rent from the time his son moved out, he can evict you after written notice of 30 days and failure to pay the rent. If your father in law helped you and your husband to buy then both your names and your father in laws name would have to be on the paperwork, in which case if no one else is making payments, you would be responsible, but your father in law has no legal right to make you move.
If your husband sold your father in law the mobile home then that means that you and your husband owned it. In which case, he can not sell it without your signature, or without dividing the money that your father in law paid your husband.
Your father in law will need to send you an eviction notice and then you should still have 30 days. If he brings out law inforcement, you can explain to them that you have had no written notice and that you are married to the owners son. If there is no court order or paperwork stating that your father in law alone owns the mobile home, law enforcement will not get involved.
You really need to talk with an attorney!

#9

Dear melcates80:

Greetings. If something is purchased DURING MARRIAGE, it is presumed to be marital, regardless of how it is titled. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#10

My husband and I married in Nov. 04 and we both had lived with our parents prior to our marriage. My husband’s father helped us buy a mobile home in Dec. 04 for us to have our own place. My husband and I separated in Sept. 06 and I have never seen any documents or proof of purchase on the mobile home. I never signed anything pertaining to the mobile home. The father-in-law states that he bought the home for $10,400.00 and that he makes $130 monthly payment on it and there is a $7400.00 pay off. The father-in-law insists that I pay him for the “trailer payments” while I am living in the home. I am not on the title of the home either. My husband walked out on me and I have found a new place to live but it won’t be ready until the end of June. My father-in-law and husband informed me on Feb. 22,2007 that I had 1 week to vacate the home because they found someone willing to purchase the home. Can he force me out of the marital home with no place to go and while I have custody of our 21 month old daughter? I can’t afford an attorney and feel completely powerless right now. Help!