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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12908
Experience:  Licensed experienced Attorney
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I have been living with a woman now for 12 years in MY condo

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I have been living with a woman now for 12 years in MY condo here in Milwaukee...she moved from Madison to live with me (we met on-line dating) back in 2001, and I have owned my condo since 1997...she has always worked and had her own health insurance as well...over the past 10 years, our relationship is totally platonic, and more than once I tried to make her move out (verbally), but she has mental issues (that I did not know/realize until after she had lived with me)...I have been on crutches my whole life...but I am a college graduate and worked until 2 years ago when I needed spinal fusion surgery...which forced me to a wheelchair...so now I am on SSA disability income...this has further stressed our "relationship"...and I am starting to realize I MUST get her out of my condo so my family can help me in my rehab and daily needs...the two of us own NOTHING together...and I have always paid ALL the monthly utility, mortgage, cable, etc. bills..the only items she pays for is the groceries...my medical situation caused me to file for Chapter 7 bankruptcy earlier this year...i.e..the only money I have is tied-up in IRA's and my only income now is the monthly SSA check...and we have always filed separate tax returns...I do not claim her as a dependent...here's my question, here in Wisconsin, a community property state...what rights do I have to force her to move out of my condo...over the years, (before my surgery) I had gifted/given her $25,000...so she has ample funds (in her bank account) to live-on if she were to move to an apartment, etc...but with her mental instabilities, I know she will most likely cry, and make my life miserable until I get her out of my condo...I am only 52, and she is 61...and her age and health makes my situation quite difficult...does SHE have any rights to claim any of my IRA funds or my monthly SSA income?...to "evict" her, does a sheriff show-up, and/or does she get a 30-day notice to find a new place to live?...being confined to a wheelchair, I can not move-out temporarily until she is OUT of my condo... hence, why I want to keep this "eviction" period to a minimum...i.e...I would probably move-in with my sister temporarily to avoid daily "confrontation"...like I said, she is NOT mentally stable...panic attacks, PTS, etc...


I should add, she had multiple part-time low-pay jobs in Madison when she moved here, and she never stopped working...she was divorced 3 times b4 moving-in, and I was divorced once...we NEVER talked about marriage, no ring, etc...we both had been thru that...:-(...and as to personal property, I would let her take whatever she wants to get her out...i.e...HDTV, furniture, etc...I just want a fresh start...again, no major assets to argue over...

Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this difficult situation.

As long as, you are not legally married to this woman, she would generally not have any legal rights to your condo or to your IRA.

The way to handle such situation generally, is to give this woman a 30 day written termination of month to month tenancy notice, as that is what she is considered at this point a month to month tenant and if she fails to move out upon expiration of the 30 days, then it would be a good idea for you to consult and retain a local eviction attorney who can make sure that this lady is evicted out of your condo quickly and efficiently.

Basically, your local attorney will file the eviction in your local court and within 30-60 days an eviction order would be issued by the court, at which point the sheriff will come down to your condo and will physically evict this woman.

I wish you the best of luck and I am sorry that you are going through this difficult experience.
Customer: replied 1 year ago.


Alex, so to summarize..the best-case scenario is that I would be stuck with her for minimum 30-90 days if I chose to stay here WITH her thru all this, correct?...i.e...to avoid contact with her, I would have to move-in with my sister for 30-90 days before any legal remedy (sheriff) could force her out, right?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

It is correct. From the time you serve this woman with 30 day notice, it can be another 30-60 days that eviction process can take, if this lady does not move out upon the expiration of the 30 days notice and you have to pursue a legal eviction.

You do not have to move out of your condo while this process takes place, but if this lady is mentally unstable, it might be a good idea to temporary move out, so you can avoid any type of conflict, confrontations or stress in dealing with her.

I wish you the best of luck!
Customer: replied 1 year ago.

Alex, just some clarification and one last question...as to the 30-day (month-to-month tenancy) notice, does that have to be in some "official" format/form...i.e...a specific form---and/or does that step require a lawyer's involvement/expertise...or "notarized", etc....
and do I just "hand it" to her...must she sign it, and/or must it be sent "certified"...this step feels very "unsubstantiated"...i.e...my word vs. hers that I even gave her and she saw the 30-day notice...what would I tell/give the "eviction" lawyer when I contact him after 30 days...as you can tell, I am not optimistic she would act on the simple notice...:-(


and if I need the "eviction" lawyer, is that a very costly process? (i.e..sheriff, court, lawyer, etc)...only concerned with my SSA (fixed) income situation...PJA

Expert:  Alex J. Esq. replied 1 year ago.

Dear XXXXX,

Here is the link to official Wisconsin Court website that does have required 28 day notice terminating tenancy and some other details and forms related to an eviction:

http://county.milwaukee.gov/CourtServices7714/CivilDiv/SmallClaimsForms2/Eviction.htm

A landlord may serve the tenant personally with these notices or by leaving a copy with someone in the household who is at least 14 years of age, however it might be better to have another adult serve this lady, so you would have an independent witness that this woman was properly served with the 28 day notice. Also it would be a good idea to also mail a copy of the notice by certified mail with return receipt requested to her as well.

As far as, the amount of the attorney's fees you can expect to pay for an eviction, it is hard estimate, but some basic eviction fees should not exceed $1,000 plus court costs and sheriff's fees.

I wish you the best of luck!

Customer: replied 1 year ago.

Alex,


thanks much...I copy/pasted the link, and this makes me feel much more comfortable, and I definitely would have my sister with me (as a witness AND for safety reasons) when I give it to my live-in...and thanks much for the $$ cost estimate...just the "ball-park" figure is fine...yes, my situation is not good...for sure, when my sister and I give her the notice, we will be prepared to have me "get out" of the condo for as long as it takes...the tough part now for me is to break all this news/plan to my sister...I have kept the true situation of my relationship/problem a secret all these years...she will be SHOCKED as to what I have kept to myself...there is a slight chance my sister will keep her calm, and my sister can help my live-in with finding new digs, etc...just to "keep the peace"...I will now end this...you've been a BIG help...at least now I know what to tell my sister as I break this to her...bye, PJA

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

I wish you the best of luck.

Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12908
Experience: Licensed experienced Attorney
Alex J. Esq. and 2 other Family Law Specialists are ready to help you

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