Evicting Girlfriend

[jmicha09]

What is the name of your state? I live in pittsburgh,pa.
Hi This is an interesting issue. In september 2003 the state of pa abolished common law. I am not married or never was and the home is im my name on title only just for some background info. I have unsuccessfuly tried to evict my girlfriend from my home in which she has lived in with me for 2 years. I have two children with her and her daughter from another man lives with us also unfortunately we no longer get along. I am stuck I have tried to lock her and her daughter out but the police allow her back in can they do that ? I have tried denying her access to the house but get into arguements with the law and they threaten to kick my door in if i don't let her in . I am stuck if am the home owner and she is not listed on the title to the house and we have no contact between me and her how come she gets a free ride? My local child protection office has intervened and are trying to save the family however i do not want my girlfriend and her daughter living with me. I do not mind raising my two daughters but can she use this as an excuse not to be evicted since we have children togeather? The child agency told me and the local law that as long as i care for my two daughters and there with me she would have to file for a custody hearing since this would not be kndnapping since there my daughters and i support them . I also am considering selling my home as the last resort to get away from her. Anyone have any thoughts on how to get her out? I was told by some to lock her out and not let her in even if the cops show up and let them bitch and moan and kick the door since this door kicking action is a big scare tactic and not really legal. Please help!

 

[BABYLUV1983]

What is the name of your state? I live in pittsburgh,pa.
Hi This is an interesting issue. In september 2003 the state of pa abolished common law. I am not married or never was and the home is im my name on title only just for some background info. I have unsuccessfuly tried to evict my girlfriend from my home in which she has lived in with me for 2 years. I have two children with her and her daughter from another man lives with us also unfortunately we no longer get along. I am stuck I have tried to lock her and her daughter out but the police allow her back in can they do that ? I have tried denying her access to the house but get into arguements with the law and they threaten to kick my door in if i don't let her in . I am stuck if am the home owner and she is not listed on the title to the house and we have no contact between me and her how come she gets a free ride? My local child protection office has intervened and are trying to save the family however i do not want my girlfriend and her daughter living with me. I do not mind raising my two daughters but can she use this as an excuse not to be evicted since we have children togeather? The child agency told me and the local law that as long as i care for my two daughters and there with me she would have to file for a custody hearing since this would not be kndnapping since there my daughters and i support them . I also am considering selling my home as the last resort to get away from her. Anyone have any thoughts on how to get her out? I was told by some to lock her out and not let her in even if the cops show up and let them bitch and moan and kick the door since this door kicking action is a big scare tactic and not really legal. Please help!

Why do you guys not get along anymore? How old are the kids? Do you care at all about her other daughter, or how that child may feel? Right now all of the children are being effected by all this mess, watching there parents fight like kids about who gets to stay in and who has to stay out. I personally think you should be a man about this, and let the woman have a place to stay with her daughter. Weather it be on a couch or whatever, the little girl probably knows it as her home. It isnt HER fault that you guys are breaking up, but in her mind that might something running around. I would say you give her a time limit to get her **** together and decide if she is going to be a woman about it and move on, or keep making her self act like a child in fron to of hers. Trying to make eachother mad at eachother isnt hurting either one of you, in fact you both probably enjoy pissing eachother off, the kids see and hear every little detail. Remember that. They KNOW EVERYTHING!!! dont matter how young they are, they still see and comprehend things. So I suggest you being a mature male, and give this lady a month or two time limit to get out ( make a agreement on paper for proof later) since it is your house.Dont fight with her, enjoy the time with the kids, let the kids know you are not mad at them. This is more of a stressful time for the kids than anything. Right now its not about who gets what, when were and why. Its about how this situation is going to effect these children for the rest of there lives. Think about it.

 

[JETX]

Rather than all that 'warm fuzzy' Dr. Phil crap, here are the LEGAL answers to your questions (after all, this IS a legal advice site!):

I have unsuccessfuly tried to evict my girlfriend from my home in which she has lived in with me for 2 years.

That is because the conduct you describe in your post is ILLEGAL and not allowed in trying to terminate an at-will tenancy.

I have tried to lock her and her daughter out but the police allow her back in can they do that ?

Yes. You cannot 'lock out' a 'tenant' and must follow through with the FULL formal eviction process, including proper notice and filing a lawsuit if needed.

Follow the processes shown at: http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm

Also, the specific laws for evicting in PA (§250.501, et seq) can be found at:
http://members.aol.com/StatutesPA/68.Cp.8.html

 

[BelizeBreeze]

Rather than all that 'warm fuzzy' Dr. Phil crap, here are the LEGAL answers to your questions (after all, this IS a legal advice site!):

Sometimes I wonder

 

[JETX]

Sometimes I wonder

Yep, I knew when the post started with "Why do you guys not get along anymore?", it was nothing but downhill from there!!

 

[nextwife]

You can evict her in accordance with your state's landlord tenant laws. However, if you do not have legal custody, she may also take the kids and THEY would be out on the street. So first deal with the custody issue. Then give her proper 30 day notice and go through the eviction process. If daughter is an adult, you need also evict her.

 

[rmet4nzkx]

I read this post and could not get over how ignorant OP is.

First of all this has nothing to do with eviction of a girlfriend.

It is about divorce and child custody, none of which can be accomplished legally by locking the spouse and 1 child out and attempting to retain, without court order the two young children of the marriage. Yes, marriage. His ownership of the house doesn't mean that he is totally free from any support obligations either. OP should consult the laws of PA re these issues:
Property Distribution: [Pennsylvania Consolidated Statutes Annotated; Title 23, Sections 3501, 3502, and 3505].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: [Pennsylvania Consolidated Statutes Annotated; Title 23, Sections 3701, 3702, 3704, and 3706].

CHILD CUSTODY: Joint (shared) or sole custody may be awarded based on the best interests of the child and upon a consideration of the following factors: (1) which parent is more likely to encourage, permit, and allow frequent and continuing contact, including physical access between the other parent and the child; (2) whether either parent has engaged in any violent, criminally sexual, abusive, or harassing behavior; (3) the preference of the child; and (4) any factor that affects the child's physical, intellectual, or emotional well-being. Both parents may be required to attend counseling sessions regarding child custody. The recommendations of the counselor may be used in determining child custody. In shared custody situations, the court may also require the parents to submit a written plan for child custody to the court. [Pennsylvania Consolidated Statutes Annotated, Title 23, Sections 5302, 5303, 5304, and 5305].

CHILD SUPPORT: [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 4322 and Pennsylvania Case Law].

OP opens by informing us that he is not nor never married because PA abolished common law marriages in 9-2003, yet he and his common law wife have lived together and had two children together prior to that date. OP futher dispays his ignorance re common law marriage in assuming that it requires no divorce, nor child custody priceedings so that he can lock the mother out of her home and keep the children all without due process. He even further intends to defy the police, considering forcing them to kick down the door. What does he think they will do once that happens? No wonder they don't get along.

IF the relationship is over, then OP needs to file for divorce and let the court settle the issue, not further providing his wife with proof of his abuse that will work against him in their divorce.

Here is some further information re common law marriage in PA:

http://www.benefitscounsel.com/archives/001292.html
On November 23, 2004, Governor Rendell of Pennsylvania signed into law a bill abolishing common law marriage. According to the legislation, "[n]o common law marriage, contracted after January 1, 2005 shall be valid." The legislation also states that "[n]othing in this part shall be deemed to render any common law marriage, otherwise lawful and contracted on or before January 1, 2005, invalid."

Now all of this is slightly confusing since there was also a Pennsylvania Commonwealth Court decision issued on September 17, 2003 (PNC Bank Corp. v. W.C.A. B., 831 A.2d 1269 (Pa. Cmwlth. 2003) which had purported to abolish common law marriage as well. ... Neither party appealed the decision.

It would seem that it is pretty safe to say that common law marriages validly entered into prior to September 17, 2003 are still valid (since the decision in PNC was only applied prospectively), and that any common law marriages claimed to have been entered into after January 1, 2005 will be invalid. But what about those purportedly entered into between September 17, 2003 and January 2, 2005? The answer depends upon whether or not the Commonwealth Court decision is recognized. A dissent in the PNC case written by Judge Smith-Ribner (Judge Pellegrini joined in the opinion) argued that the Commonwealth Court did not have the power or authority to overturn common law marriage:
..........
Also noteworthy is the fact that there have been two Pennsylvania Superior Court cases in which the Superior Court refused to be bound by the Commonwealth Court decision abolishing common law marriage, citing the fact that the Supreme Court of Pennsylvania in the cases of Staudenmayer v. Staudenmayer, 552 Pa. 253, 714 A.2d 1016 (Pa. 1998 and Interest of Miller, 301 Pa. Super. 511, 448 A.2d 25 (Pa. Super. 1982) had "declined the invitation to abolish common law marriage, deferring such action to the legislature." ......

 

[nextwife]

rmet, he said they have only been together for TWO YEARS. Nor we do if they ever met the definition of a common law marriage to begin with, held themselves out to be husband and wife. Also we have no idea if she has been working and is perfectly capable of taking care of herself. Even in a marriage with a license, a two year marriage rarely would result in a spousal support situation.

 

[rmet4nzkx]

rmet, he said they have only been together for TWO YEARS. Nor we do if they ever met the definition of a common law marriage to begin with, held themselves out to be husband and wife. Also we have no idea if she has been working and is perfectly capable of taking care of herself. Even in a marriage with a license, a two year marriage rarely would result in a spousal support situation.

Of all the states with common law marriage, PA had, perhaps the least strict requirement and in essense each case would have to be proved on an individual basis.
There is no time requirement, but 2 years and 2 children together would seem to hold some value if the mother of his 2 children is claiming common law marriage and seems to be getting the support of the police and other enforcement agencies. Since his actions may be seen as abuse or harassment, she might get a protective order to exclude OP from the home rather than the other way around. As I said, this needs to be settled in court, not through threats and intimidation of putting mom out in the snow and keeping her infant/young children.

The ban on common law marriage doesn't take place until 1-1-2005 so is not even in effect nor does it invalidate their common law relationship.

OP has made it an issue to be decided by the courts.

No we only have his side of the story, his false impression that he could not even be considered married because it was abolished and he was wrong even in that assumption. No doubt, the issue has come up otherwise he wouldn't have raised the issue.

 

[HomeGuru]

Very interesting.

 

[jmicha09]

Wow what an overwhelming response. Thanks. Me and my girlfriend don't get along because i work about 60 hours a week to pay the bills while she had a habit of leaving her 8 year old to babysit a 2 and 3 yearold. However I caught this and this is what contributed for the downhill of the relationship it's pretty bad when an 8 yearold has to change diapers while im at work and feed herself plus the other 2 kids while mom wathches soaps on tv. I actuallly requested for the local family agency to intervene since taking to my girlfriend was getting nowere. I am in the process of finding affordable day care for only myt two daughters 3 and 2 while work. By the way it's pretty bad when dad has to go to the police station from work at 1am to pick up the kids because mom was shoplifting with them there maybe next time i'll try e-harmony.com for a mate.

 

[Rhubarb297]

Rather than all that 'warm fuzzy' Dr. Phil crap, here are the LEGAL answers to your questions (after all, this IS a legal advice site!):


That is because the conduct you describe in your post is ILLEGAL and not allowed in trying to terminate an at-will tenancy.


Yes. You cannot 'lock out' a 'tenant' and must follow through with the FULL formal eviction process, including proper notice and filing a lawsuit if needed.

Follow the processes shown at: http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm

Also, the specific laws for evicting in PA (§250.501, et seq) can be found at:
http://members.aol.com/StatutesPA/68.Cp.8.html

You don't have nearly enough information to conclude this person is legally a "tenant" and thus a legal eviction would be required. Do you enjoy going onto these websites and posting this nonsense? The guy needs to talk to a real Pennsylvania attorney who knows real Pennsylvania law.

 

[JETX]

You don't have nearly enough information to conclude this person is legally a "tenant" and thus a legal eviction would be required.

And of course, you are full of crap.
Did you not read the OP saying "I have unsuccessfuly tried to evict my girlfriend from my home in which she has lived in with me for 2 years."

tenancy
n. the right to occupy real property permanently, for a time which may terminate upon a certain event, for a specific term, for a series of periods until cancelled (such as month-to-month), or at will (which may be terminated at any time). Some tenancy is for occupancy only as in a landlord-tenant situation, or a tenancy may also be based on ownership of title to the property.

The person lived there for TWO YEARS and does NOT own the property. That is a TENANT. What the hell would YOU call it... a 'guest'???
And once the person has established tenancy, if the person doesn't voluntarily vacate the premises, the property owner (landlord) MUST proceed with eviction.

RubySlippers... you are STILL an idiot!!