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Boyfriend of 9 1/2 years trying to kick me out of his home

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bmr6670

Junior Member
What is the name of your state (only U.S. law)? Ohio

My boyfriend of 9 1/2 years has started demanding me to leave his premises. The mortgage for the home is in his name only, but for approx 4 years he was out of a job and I made the entire mortgage payment. The rest of the 9 1/2 years I have paid 1/2 of the mortgage payment without fail.

He is demanding that I leave immediately, but I was hoping there was some sort of timeframe in which I had to allow me to stay in the home, as I have nowhere to go to at this point. :confused:What is the name of your state (only U.S. law)?
 


JETX

Senior Member
My boyfriend of 9 1/2 years has started demanding me to leave his premises. The mortgage for the home is in his name only, but for approx 4 years he was out of a job and I made the entire mortgage payment. The rest of the 9 1/2 years I have paid 1/2 of the mortgage payment without fail.
Unless you have some type of agreement for repayment of those 'loans', they would likely be viewed as a gift or 'rent' (or at least most of it to 'rent'). Your making payments on the mortgage does NOT establish ownership rights.

He is demanding that I leave immediately, but I was hoping there was some sort of timeframe in which I had to allow me to stay in the home, as I have nowhere to go to at this point.
He can 'demand' all he wants, but it means nothing. He will have to go through the statutory requirements to remove a 'tenant' from his property. That means you get a 30 day WRITTEN notice and, if needed, a court order.
 

Cvillecpm

Senior Member
Assuming you have cancelled checks payable to the mortgage company, get the copies and get to a real estate attorney ASAP...have attorney file a lis pendens on the property as notice of your claim of ownership
 

JETX

Senior Member
Assuming you have cancelled checks payable to the mortgage company, get the copies and get to a real estate attorney ASAP...have attorney file a lis pendens on the property as notice of your claim of ownership
Ignore that stinkin' pile of Pelosi!!
The simple fact of someone else making a house payment does NOT establish ownership... if it did, every 'sugar daddy' would be able to simply take the house from his 'administrative assistant'!!

And a lis pendens can't be filed unless a lawsuit is filed FIRST.
 

CourtClerk

Senior Member
Assuming you have cancelled checks payable to the mortgage company, get the copies and get to a real estate attorney ASAP...have attorney file a lis pendens on the property as notice of your claim of ownership
You're not serious.... are you?
 

Alaska landlord

Senior Member
So, for the last 4.5 yrs you have been paying the mortgage. That would lead me to believe that for the other 4.5+ yrs you live practically rent free.
It therefore follows that you both broke out even.

Had you taken the time to marry the Judge could easily clean up this mess and could easily sort out this messy situation.
 

Cvillecpm

Senior Member
Actually - there is case law for this type of evidence on ownership of property....OP is not a tenant and she is not a guest or invitee since she has been paying the mortgage which is DIFFERENT than buying some groceries or paying the cable bill.

She needs to talk to an attorney and provide evidence of her position in the property...she could well be a common law WIFE depending on the state and length of relationship...
 

TigerD

Senior Member
Actually - there is case law for this type of evidence on ownership of property....OP is not a tenant and she is not a guest or invitee since she has been paying the mortgage which is DIFFERENT than buying some groceries or paying the cable bill.

She needs to talk to an attorney and provide evidence of her position in the property...she could well be a common law WIFE depending on the state and length of relationship...
Ohio doesn't recognize common law marriages entered into after October 1991.

DC
 

Alaska landlord

Senior Member
Civillecpm is right. There is case law supporting her post. This is not a new concept. That is why you should never let anyone pay your mortgage. Don't know about the ownership aspect, but for sure the equity can be tapped.

Take cash if you must but never leave a paper trail.

Sorry I hit the "s" key too often
OCD at work here.
 
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phase08

Member
Had you taken the time to marry the Judge could easily clean up this mess and could easily sort out this messy situation.
True, but over the course of 9 1/2 yrs. if they haven't gotten married, I don't think the problem is lack of 'time'. ;)
 

JETX

Senior Member
Actually - there is case law for this type of evidence on ownership of property.
It is very easy for someone who is ignorant of the law to claim 'there is case law to support my opinion'.

Either provide a valid cite to the case law you refer to IN OHIO... or your refusal/failure will be proof of your ignorance in legal matters.
 

Mrs. D

Member
Getting married is no panacea. Having witnessed one very messy divorce (who knew that a traditional family structure with a stay-at-home mother meant that the mother was entitled to NOTHING upon divorce, in absence of a pre-nup) and drawn up a pre-nup myself (with a lawyer, of course), I can say with confidence that there would still be lots of complications.

That said, whether it is rent or ownership, you can't just be thrown out on the lawn as you have paid to live there, right up through the current time frame. I think those that say he has to give you at least 30 days notice are correct.

Start looking for a new place right away, and deal with the issue of partial ownership later, if you choose. If he changes the locks, call the police for an illegal lockout. Have proof that you paid for this month in a place where you can easily access it (for example, have the canceled check at your work or at a friend or family member's home where you can access it if you are locked out, to prove to the police that you have paid "rent").
 

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