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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I own a home deeded only in my name in Ky. My finance recently broke off the engagem

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I own a home deeded only in my name in Ky. My finance' recently broke off the engagement & I want her to leave my home. 2 months ago I moved to another because I suspected her of using druggs again. I paid for her to go to a 90 day drug rehab program. She now is back using drugs and I am concerned she may damage the property or furshings or sell some of the furshings. I ask her in a civil manner when she would leave the house and she responded when I am court ordered.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

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?

Customer: replied 1 year ago.

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

Expert:  Roger replied 1 year ago.

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.

Roger, Attorney
Category: Legal
Satisfied Customers: 27223
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
Litigation Attorney
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters