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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102191
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I jointly own a second home in Minnesota. Our

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My husband and I jointly own a second home in Minnesota. Our son lives there all expense paid while attending graduate school. His new girlfriend stays at the home for extended periods. She also has her own home. I want to forbid her from being on the premises. My husband also does not want her at our place but is not willing to do what ever it takes to get rid of her. What should I do? Can I proceed without him or in the event he decides it's okay for her to be there?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. She is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner. The owner here is actually you and your husband. EITHER of you can send her a notice that she has to leave (14 days is standard), and if she does not, then to evict her as though she has not paid rent. Either of you can do this. Provided that he does not stop you by extending a formal invitation to her to stay as long as she likes, as half-owner, you can evict a tenant at sufferance. He does not have to agree. The court will take the word of only one half owner assuming she speaks for both. But if he actively disagrees with you and/or extends an official invitation, this will block your ability to evict her. So in sum, you would be counting on him to disagree, but not to act on his disagreement. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.