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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for your trouble with this.
One question - - does she pay you rent?
Kirk, thanks for ur advice. I am a donutman & have been working all night. No, she does not pay rent and pays no utilities. There is no paperwork indicating her entitlement to the home. I even had a draft pre-nup drawn up where she was not to receive any portion of the house until after the 6th wedding anniversary. I pay all bills, and this woman had everything.Since she decided to return to drugs I am extremely concerned that she may sell or damage my furishings in the home. Everything in the home I have documented with receipts. I have given her over $2,000.00 worth of jewerly and I am not insisting she return it. She also has her 21 &19 yr old sons & 17 yr old daughter living in the home. She told me if I came to the house she would call 911 and request an EPO order. Thanks for ur assistance. Frank
Thanks for the information Frank.
If she doesn't pay rent and is not a tenant, then she's a house guest, and is only allowed to occupy/remain in the home with your permission. IF she doesn't have your permission, then she's technically a trespasser.
Thus, if she will not voluntarily vacate the property, then you have the right to file civil trespassing charges against her and get a court order directing her to vacate the property. Also, you can ask the court to award you a judgment for any damages she causes to the property - if any - upon vacating.
That's really the best you can do - - other than moving her stuff out on the lawn and changing the locks. The only major problem with that is it puts you in a position for potential domestic violence, which would be her best option for retaliation. So, it's best to take that possibility out of the mix.