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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 4063
Experience:  30 years of experience
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My daughter and her husband are getting a divorce after she

Customer Question

Hi. My daughter and her husband are getting a divorce after she caught him in the act with another woman in their house with she and her children in the house at the time. She has video evidence. Meanwhile, he's steadfastly denying it. I, her mother own the house they live in. She told him to leave and he did for one night. He came back while she was gone with the kids and now he won't leave. She doesn't work but cares for the children. He works. He has not paid the rent and I don't think he's going to. How do I get him out of the house so she can stay there? I'm unable to pay the mortgage payment again, so what should I do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Have you talked to a lawyer yet?
Customer: Not yet.
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of.
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You need to go through the eviction process as you would for any tenant. The Kansas Landlord Tenant laws do not differentiate because of the relationships involved.

The first step is to issue the Notice to Vacate. This link provides the forms that you need to initiate the eviction process:

For nonpayment of rent, the Kansas eviction process requires that a 3-day Notice be used. The notice should indicate the amount of rent owed. It should advise the tenant that the lease will terminate unless the tenant pays the required rent within the 3 days. And it should state that legal action will be sought if the tenant remains on the premises after failing to pay the rent. The disadvantage with this is he can simply pay up the rent.

BUT - If you do not have a written lease then he is on a Month to Month. In a Month to Month you can evict him simply by notifying him of your desire to end the arrangement. Here you must provide a 30 day Notice.

This link has a description of the eviction process:

This link has additional resources that may be helpful to you:

Here is a link to the Landlord Tenant Law in Kansas:

Now while you can not change the locks and use self help, since your daughter is also a tenant and they are going through a divorce situation, she can do so the next time he leaves the house. If he breaks in she can seek a restraining order against him. So she may be in the better position. But she needs the assistance of a family law attorney.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,