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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I have a girlfriend who has lived with me 1 year. She pays

Customer Question

I have a girlfriend who has lived with me 1 year. She pays our car insurance and buys food sometimes. The house is deeded to me (Wake County), how do I get her to leave and get my home back.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.What, if anything, have you tried so far in getting her to leave?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Dimitry Esquire replied 1 year ago.
Hello,
I do apologize but I do not provide phone calls as an option for assistance. I can either type out my response, or I can offer, as an additional service, a Skype conversation provided that you understand that it does not create any sort of an attorney client relationship and that I am not acting as counsel for you. Please advise.
Customer: replied 1 year ago.
Okay, please type your response, I can't talk due to her being in the next room.
Expert:  Dimitry Esquire replied 1 year ago.
Sure thing. What, if anything, have you tried so far to get her to leave?
Customer: replied 1 year ago.
nothing at this point, I am trying to be careful and approach without any conflict, I was thinking about talking to her and typing a letter.
Customer: replied 1 year ago.
If she becomes stubbon and doesn't want to leave then I need to prepare.
Expert:  Dimitry Esquire replied 1 year ago.
Legally speaking she has spent enough time on the premises that she is deemed to be a lawful occupant. That means that she is entitled to a full formal legal process if she decides to remain. You need to give her WRITTEN notice to quit the premises. Under North Carolina law you need to give her at least seven days notice if you claim that she is a 'hold-over' tenant. Please see N.C. Gen. Stat. §§ 42-25.6, specifically N.C. Gen. Stat. § 42-26 This notice must be either mailed to her (if you do, send it certified so that it can be shown she received it and got notice), or physically handed to her with evidence that she received it, or affixed to her door. Then if she still won't leave you'd need to file locally for an eviction complaint. The judge will schedule a hearing (she will be served and can appear)). if the judge finds for you, you will receive a 'writ of possession' which you can give to the sheriff and the sheriff will forcibly remove her if she is still on premises. Sincerely, ***** *****
Customer: replied 1 year ago.
Wow, she is only a girlfriend, not a wife, Let me review the statues.
Expert:  Dimitry Esquire replied 1 year ago.
She is still an occupant. And is entitled to such rights. Same codes would be used for any non-paying party, be it a relative or a friend. Please take care and be well, and kindly do not forget to positively rate my for the work that I have done on your behalf. Thank you! Sincerely, ***** *****

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