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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33794
Experience:  Attorney with 15 years experience
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My ex.wife and 18yr old daughter, moved in with a guy 800

Customer Question

HI ! My ex.wife and 18yr old daughter , moved in with a guy 800 miles away from them in South Carolina ( he's a very well off person) the relationship had been ongoing for 1.5 yrs
. at his request she moved her furniture and all into his residence 2 mo ago . This morning they had an argument and he changed the locks and kicked her out . I will contact an a SC atty in the morn , I believe this is not legal ?! if I get an atty involved how long do you think she can stay there ? thank you so much ! Gregg(###) ###-####
ps she has a sc dl with that address and new checking acct with same ...as they discussed
the wedding date was supposed to be oct 23 15 . invites went out ect ect
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I believe this is not legal ?! if I get an atty involved how long do you think she can stay there ?

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You are correct in that the guy has conducted an illegal eviction. Ex can call the police and they will appear and should tell the owner that he can't evict them forcibly without an order of eviction from the court. They should then tell him that he can't prevent her from accessing the property and force him to put her back in possession.

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If for some reason the police won't order him to allow her access, then she can stay in a hotel and then immediately file suit tomorrow for an illegal eviction and hold him liable for any costs she incurs for alternate housing as well as punitive damages for the illegal eviction as well as getting an order from the judge to return to the property.

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Once she is back in possession, he can only terminate her tenancy with a 30 day written notice to vacate and then by pursuing a formal eviction through the courts if she doesn't move in that 30 days. The normal timeframe for an eviction is another 30 days. So to legally terminate her tenancy and be able to force her to move, it will be around 60 days from the time he gives her a written 30 day notice.

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thanks

Barrister