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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27692
Experience:  Lawyer
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I am currently living in my boyfriend (ex) with s two

Customer Question

I am currently living in my boyfriend (ex) with his two children that we have together biologically. He owns the home outright as his parents gave the deed to only him with no regard for me or their grandchildren. He has since moved out and is already seeing the woman he hired to work for him two years ago. He has also left a great deal of his stuff here and claims two things: that he can simply evict me and the kids anytime if he wants to and that he is entitled to come and go as he pleases to get his things or "check up" on me. I told him he can't take any more of his stuff without filing a civil suit at this point (advice from the police) and that he can't evict me or sell the house as long as I am living here as I have done for more than 10 years now. Everything except the deed and unfortunately the unpaid $6000 tax bills are in my name. Whats right?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You're both a partially right, but you're also both partially wrong.
The house belongs to him. If he is allowing you to live in it with the children, then you have the same legal rights as a tenant. Any amounts you're paying for the property are just considered rent. A person does not gain any right to ownership of a house simply through living there a long time with the owner's consent. That means that he's legally allowed to ask you to leave by giving you 30 days written notice. N.H. Rev. Stat., Section 540:3.
He cannot enter at will. He cannot enter at all, other than to make necessary repairs, with your permission, or in an emergency. A tenant has the right to the exclusive use and enjoyment of the premises. Now that he's moved out, if he enters without your permission, he's trespassing. You can actually claim that whatever he left behind is abandoned if it's been more than a couple of months, but he needs a court order to go in and enter. Keep in mind, though, that if he sues, the judge is going to order you to pay him the value of his items - so you'll be stuck with his stuff, and you'll have to give him money. Depending on what the items are and if you're also using them, consider if you'd rather do that than arrange for a pickup.
He is welcome to sell the house. Your right to live there transfers to the new owner, and they can serve you with a notice to leave at any time. Alternatively, they'd be allowed to give you 30 days notice that they were going to charge you market rent if you'd like to stay in the premises.
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Customer: replied 1 year ago.
Ok but there is one other thing: he has given me written notice that I and the two children will be allowed to stay here until the kids turn 18 and says he will also pay some of the back taxes ($3500 due in April 2016) and has signed and dated the paper
but it is not notorized. Is it a legal paper because it is in writing with his signature and will it hold up in court should he decide to change his mind? This was my idea by the way and I was also advised to file an order of intervention of the sale of the
home to protect myself. What do you think?
Expert:  Lucy, Esq. replied 1 year ago.
For that agreement to be valid, it needs to not just state that he's going to let you stay there and pay the taxes, but what you'll do. A contract requires three things: an offer, acceptance, and consideration. Consideration requires an exchange of promises. Each party has to agree to do something they're not legally required to do, or refrain from doing something they are legally allowed to do. If you're agreeing to pay rent (or any equivalent - taxes, HOA fees, utilities, etc.) then it's enforceable. Or if you agree to do anything else in exchange for him letting you stay.