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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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I live in state with my partner (unmarried) and our three

Customer Question

I live in Washington state with my partner (unmarried) and our three year old daughter. I own the home we all live in. Do I have the legal right to ask him to leave?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Since the two of you never married and the house is only in your name, he is legally considered your tenant. That means you can ask him to leave at any time by giving twenty days written notice prior to the end of a given month. Meaning that notice given now would be effective August 31. RCW 59.18.200. The notice must be in writing. It's best if you can have a third party adult hand it to him, so you have someone to testify that he received the notice. If he won't take it from you, you're allowed to place it at his feet and walk away. That's still considered service.

If he refuses to leave, then you can go to court and have him evicted as soon as the notice period ends.

You also have a right to go to court and file paperwork to establish a parenting plan and child support for the your daughter. You're allowed to establish a parenting plan while still living with the father. Primary custody is decided based on what's in the best interests of the child. This packet gives you a thorough overview of the process, so it's a good starting point.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Do you have any other questions about this?