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I have a question for a friend of mine. He currently is in

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I have a question for...
I have a question for a friend of mine. He currently is in a rough situation. He has two children with an ex girlfriend of his. They were living together in his house, it is under his name. He has a job, and his own company. She had no job until recently, and it is only commission so she is making almost nothing right now. He is still stuck in the house. He does not know what his options are. If she even moved out, she'd just go to her mother's and take the kids to live together in one bedroom. Certainly not what he wants for his kids and so he lets them all stay in his house. But he is looking to get out of there, but is struggling with the idea of leaving because it is his house. But he would like to be able to get a solution as she is making his life hell since he and her are no longer together. He has already attempted to make an appointment with a family lawyer but she made him miss that appointment. So I am trying to find out what I can for him in the mean time.
Submitted: 7 years ago.Category: Family Law
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Answered in 1 hour by:
1/1/2011
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
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Hi

 

Well, he needs to decide if he wants to leave, if he wants to stay and have custody of the children. If he wants to stay and have custody, then he can file for custody of the children and and eviction to have her removed from the home. He will want to consult with a local attorney to assist in this process. But he does have options. He only needs to decide which direction he wants to go. He does not owe her anything from the home, as long as it is in his name only. He would not owe her any support beyond temporary until she can get on her feet and since they are not divorced, she would need to sue him for anything she feels she is entitled to. But he has just as much right to custody of the children as she does.

 

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Customer reply replied 7 years ago
They were never married
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

Right. That is why she is not entitled to anything. And, if he is on the birth certificate he has rights as the biological parent.

 

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Customer reply replied 7 years ago
What if he wishes to sell the house and buy a new one? And the only place she has to go is her mothers??
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

If his name is XXXXX XXXXX home, he can sell it. He would not be responsible for bringing her to a new residence. He is legally responsible for the financial wellbeing of his children, but he can file for custody. So he would want to discuss the custody, visitation and child support issues with a local attorney

 

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Customer reply replied 7 years ago
he was thinking about moving out and letting her have the house. But he would be financially responsible and have to pay for his own place as well. Seems like too much. other options sound better?
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

Well, he would need to charge her rent, right? So he needs to negoiate with her on a reasonable amount that she can afford until she gets on her feet.

 

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Customer reply replied 7 years ago
She has no money of her own
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

Well, he is not legally responsible for her. He is not married to her. It sounds as if his conscience is getting the best of him. He needs to confer with a local attorney who can help him with getting the kids, and then she is on her own. Tough decisions for him. But he will need to decide to make a clean break.

 

He can tell her to start finding a job and he will rent to her, pay child support. This will all need to be done in writing. He should not leave it to verbal agreement.

 

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
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Customer reply replied 7 years ago
One more thing... it takes time to get a person evicted and get custody. Is there any sort of quick solution to get her out of the house..but also make sure she cannot take the kids with her?
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

Not really. He will need to file for temporary custody stating that she is being evicted and has no stable place for the children. Then he will need to begin the eviction process. Nothing is easy, unfortunately

 

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Samuel II
Samuel II
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Category: Family Law
Satisfied Customers: 27,011
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Experience: General practice of law with emphasis in family law.

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