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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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We own a house for retirement income. We let our daughter &

Resolved Question:

We own a house for retirement income. We let our daughter & grandson live there while our grandson was under age to help them out. Our grandson just turned 20 this April, 2009.   Our daughter & grandson neither work or have done anything to better themselves by getting a job. There has never been a written agreement just a verbal agreements. Recently, their grandmother died & gave the both $5,000 each & my husband told our daughter it would now a good time to get her own place & grandson the same. Everyone agreed verbally to 2 months time. Now 2 mos is present & daughter doesn't want to move & sail she would seek go to court over this. Lately she has had another person sharing a room with her & son in a 2 bedroom 800 sq ft home in a very nice developement & house needs everthing due to neglect & is flithly. What are our legal rights & what are hers. Also what do we need to do now...legal forms, etc. Thank you for your help. She has never paid anything to help us out.
Submitted: 5 years ago.
Category: Legal
Expert:  Zachary replied 5 years ago.
Please tell me where the property is located.

Thank you,
Customer: replied 5 years ago.
1947 E Mary, Fort Mohave, Az 86426
Customer: replied 5 years ago.
1947 E Mary, Fort Mohave, Az 86426 my husband & myself own this house.
Expert:  Zachary replied 5 years ago.
please see my other response
Customer: replied 5 years ago.
You can email your response is fine also w/o texting my cell phone. XXXXX@XXXXXX.XXX
Expert:  Zachary replied 5 years ago.
I have posted a detailed response. If you cannot see the response that I have posted, I will repost the response. The website rules do not allow us to make personal contacts with you outside of the website arena.

Let me know if you do not see my detailed response.
Expert:  Zachary replied 5 years ago.
Hi

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

Since you have never conveyed an actual interest in the real estate to your daughter, you have every right to kick her out of your house. However, you actually face a problem of an "adverse possession" claim by your daughter. Since your daughter has been living in the house for ten years, she can potentially claim that the house is hers through adverse possession. However, I believe her claim would fail because she has never performed any acts of ownership, such as paying the mortgage, paying taxes, paying HOA fees, etc.

There are two options to follow for forcing your daughter out of the house: eviction or trespass. Either way, you need to send your daughter a certified letter stating that they need to immediately leave the property or face ejection because she is trespassing.

After you have provided certified notice to your daughter to leave the premises, you can then file a Forcible Detainer action in the local justice court in the county where the property is located. You can pick up the form for the Forcible Detainer action at the justice court. In Arizona justice courts, you don't need a lawyer to complete the action, it is very similar to the People's Court on TV.

The other option would be to contact the police and attempt to have your daughter removed under the criminal trespass statute, or sue your daughter in district court for trespass and seek damages for the same.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
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