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D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Legal
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Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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My mother, me and brother live with my step father almost 8

Resolved Question:

My mother, me and brother live with my step father almost 8 years. (but they did not marry cause my step father did not want.) First month, my mother gave 0.16 million dollars to my step father cause he said we need buy other house. (Mother made that money from sold our house when we lived.) Now, step father try to get out my mother, me and my brother from house everyday. He don't want to return my mother's money back.
My mother just can proof gave money to him by bank checks.

My mother can get money back? We can stay live in this house legally?

Please answer my questions.
Submitted: 5 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 5 years ago.
In what state are you located and how old are you?
Customer: replied 5 years ago.

I'm 28 years old and live in virginia.

Expert:  D. WINOGO ESQ. replied 5 years ago.

Thank you for the additional information.

 

Unfortunately, there is no "common-law marriage" in the state of Virginia. If there were, your step-father and your mother would be considered legally married by now, and to get her out of the house, he would have to divorce her or annul the marriage.

 

In any event, it appears to me that unfortunately, your mother will nto be able to get her money returned. To begin with, if she simply "gave" the money to your step-father, it would legally be considered a gift.

 

If she had given the money with some conditions attached and can claim it was a contract, even so, the statute of limitation on a contract claim is 5 years. So the time to file a claim for a return of the money pursuant to breach of contract would have been about 2-3 years ago.

 

Nevertheless, your step-father cannot simply kick you out of the house. He would have to evict you as you have at the very least, tenants' rights. However, if neither you or your mother are named on the mortgage or deed to the house, then he can initiate eviction proceedings to get you out of the house.

D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
D. WINOGO ESQ. and 9 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
You said very least tenants means include electronic or water or gas? I was activate electronic, gas, water and internet cable on my name. Because he was disconnect everything cause we was not leave the house.
Expert:  D. WINOGO ESQ. replied 5 years ago.
He cannot turn off all of your utilities, and he should go through the formal channels of an eviction proceeding. You and your mother, even without a lease, could theoretically be considered "month to month tenants". He would have to file a formal notice of eviction. You should contact a local lawyer in your area who handles landlord-tenant disputes as you may be able to sue your step-father for damages for shutting your necessary utilities off.

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