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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38244
Experience:  17 years real estate, Realtor. Landlord 26 years
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I been cohabitating with my ex-husband since 2001, even

Customer Question

I been cohabitating with my ex-husband since 2001, even though we have been divorced since 1998. He owned the house. In 2015 he sold the house to me due to the fact he had cancer. I have been paying the mortgage he pays the utilities. Recently he has been destroying the home, and creating an unhealthy environment. I asked him to change his ways but he refuses, and has continued down a destructive path. So I asked him to leave. He is refusing to go and claims that I do not have any legal rights because of the length of our living together. He says also that I cannot remove him because he is handicap. His cancer has been in remission. He is more than capable to live on his own. He claims that I need to move out and give him back the house. What are my rights in this situation?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has any paperwork been filed?
Customer: Yes the closing was through a bank and I hold the title to the property. I have not filed paperwork to have him evicted yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The reason I lived with him for as long as I did was because of our kids. They are grown and out of the house. This situation is unbearable.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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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You are the only one on the deed, correct?

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thanks

Barrister

Customer: replied 9 months ago.
I am the only one on the deed
Customer: replied 9 months ago.
I would prefer to have my responses back via e-mail or live chat. I cannot take a calls at the moment.
Expert:  Barrister replied 9 months ago.

No worries, I am working on your answer now...just takes a bit to type things out..

Expert:  Barrister replied 9 months ago.

Ok, then legally he is your tenant and you are his landlord. So you can end his tenancy with a written one month notice to vacate. Keep a copy. If you think there may be conflict, you can pay the sheriff to serve it on him.

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Then if he doesn't move out, you can evict him through the courts.

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Once you file an eviction case, he will be served with a summons, he would then either appear in court on the appointed day or decide not to and let you get a default judgment. If he fails to answer the Summons and show up in court, the landlord/owner (i.e. you) may request a Default judgment. The judge will usually grant it, and if you achieved "personal service" you will also get a judgment for the costs of bringing the lawsuit.

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If, on the other hand, he appears in court, the judge may ask the occupant if they wish an adjournment. If so, the judge may adjourn the case for one week or less. If the occupant wants a full trial they must ask for it at this point. They cannot come back and ask for it after the adjournment.

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Otherwise, the summary proceeding will continue. The judge will ask you to state your case and he will be allowed to answer. Provided the proceeding remains confined to a request for possession, the judge will likely proceed with a judgment for possession.

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On the eleventh day after entry of the Judgment, you will fill out the Writ of Restitution Application and file it with the Clerk. If the judge is available the writ may be signed almost immediately. The Writ must be served by the Sheriff and then they could forcibly remove him.

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The fact that you have been living together and he is disabled in no way means that you can't evict him. A judge may give him a little more time to move, but you can definitely evict him.

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However, if he is damaging your house, you can call the police and have him arrested for property damages and then seek a restraining order that would force him to vacate immediately if granted.

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thanks

Barrister

Customer: replied 9 months ago.
I assume that I am going to have to hire an attorney considering that I am not the verse in taking legal actions such as this, or is it fairly straight forward and easy to do?
Expert:  Barrister replied 9 months ago.

No, this is set up for the non-attorney. This is a link to the MI Notice to Quit..

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http://courts.mi.gov/Administration/SCAO/Forms/courtforms/dc100c.pdf

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Then if he doesn't move out, you just visit the local courthouse and the clerks will give you the summons and complaint forms to fill out to file. They help with getting the sheriff to serve the complaint on your ex as well.

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Then you just appear on the court date with your copy of the Notice to Quit, tell your story, and get a judgment. Then you just wait to get your writ and have the sheriff force him out if he won't leave.

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thanks

Barrister