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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11759
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter and her children from a previous marriage. Moved

Customer Question

My daughter and her children from a previous marriage. Moved to Port ST Lucie Florida, with her boyfriend, over a year ago. He also has two children from a previous marriage. They live with their mother in N.C. They moved into an apartment, for six months. Then they were able to buy a house. The house they purchased is in his name. My daughter works and so does her boy friend. She spent several thousands, of her money. To buy sheetrock, paint, flowers, & things that were needed for the house. She did the sheetrock & painting of the house. By her self, with little help from him. During this time she went to school and now is a license real-estate agent. His children spent the summer with them in their house. Now that it has been repaired and his children are back home in NC. He has told her that he wants her and her children out of his house. This is the second time he has done this. He done this to her while living in NC after she had helped him remodel and landscape a house in NC My question is, can he force her and the children out of the house? Does she have any legal recourse to stay in the house that she lives in. If so how long? Thank you
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If she doesn't own the house, then the boyfriend has the authority to allow her to stay or vacate. However, she should be considered a tenant, and would be entitled to at least 30 days notice to vacate the property.

Expert:  Roger replied 11 months ago.

Thus, she'd be entitled to the protections allowed to a tenant....but if she isn't the owner -- isn't on the deed as an owner -- then she doesn't have a right to stay any longer than he allows.

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