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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37377
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My wife and I own a house together her 29 year old son was

Customer Question

My wife and I own a house together her 29 year old son was living with us for the past 8 years he has also had a drug habit for that time during that time he has stolen both mine and my wifes things 3 weeks ago he got caught stealing from me again and I told him to leave and he did since then my wifw has been trying to have him come back and I have refused. last night she had him sleep here without my knowledge I told her he has to go she is saying its her house too and he is staying is there a legal way I can have him removed from my house
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: RI
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If you both are on the deed to the home, then you each own an undivided 1/2 interest in it. That means that neither of you controls the entire property so as to be able to exclude a guest of the other person.

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So I hate to say it, but unfortunately you couldn't just tell him to leave or evict him if wife wants him to stay.

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However, what you could do is file a formal criminal complaint for the theft and then seek a restraining order against him which would prevent him from having any contact with you, forcing him to vacate the property or be in violation of the order and go to jail.

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thanks

Barrister