Can ex kick my kids & I out?

[Flmom2015]

My ex fiance (broke up with me today) & I have lived together for 3 years. He owns the house & I give him $1,000 a month for the mortgage. I have 3 children & am due with number 4 any day. He told me tonight he wants us out. He said he will file for eviction if I don't go. I don't have anywhere else to go, I give him all I get each month. My girls just started school & I don't want to move them. I have been paying every month & I get mail there & I also have a notarized paper he filled out stating my girls & I live there. Can he kick us out? If he files for eviction how long is the court going to give me to get my stuff out?

 

[justalayman]

You did not provide your state, like you were asked for, so there is no way to determine how long of a notice he must give you.


but basically, yes, he can boot you. He must give you a proper notice period (often 1 month). If you do not leave by that time he can file for an eviction.

 

[single317dad]

My ex fiance (broke up with me today) & I have lived together for 3 years. He owns the house & I give him $1,000 a month for the mortgage. I have 3 children & am due with number 4 any day. He told me tonight he wants us out. He said he will file for eviction if I don't go. I don't have anywhere else to go, I give him all I get each month. My girls just started school & I don't want to move them. I have been paying every month & I get mail there & I also have a notarized paper he filled out stating my girls & I live there. Can he kick us out? If he files for eviction how long is the court going to give me to get my stuff out?

Flmom2015, I'm assuming you are in the state of Florida per your username.

The answer is, yes, after proper proceedings, he can indeed evict his unwanted tenants (you and your children). What he cannot so is change locks, deny access to utilities, etc, until after the eviction date arrives. His proper recourse is to present you with a Seven Day Notice Without Cure (meaning he wants you out in 7 days, and there's nothing you can do to remedy the situation). If you do not leave in those 7 days, he should begin eviction proceedings.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html

http://www.flsenate.gov/Laws/Statutes/2011/83.67

Per the Escambia Clerk's office:

http://www.escambiaclerk.com/clerk/coc_evictions.aspx

When the eviction complaint is filed, the Clerk will issue a five day summons and send it to the sheriff for service on the tenant. The tenant will have five working days in which to file a written response to the summons with the Court or to vacate. If a written response is made, a hearing will be set before the judge assigned to the case and hearing notices will be sent to each party. If no response is made, the landlord may come back to the Clerk’s Office, with a Motion for Default, and pay another $90.00 to the sheriff (Business check or money order payable to the Escambia County Sheriff or you can take cash to Sheriff Dept.). You will need to complete and submit three (3) copies of a Judgment for Possession for the judge to sign, and three (3) copies of a completed Writ of Possession to be issued by the Clerk’s Office. The Sheriff’s Department will serve the tenant with a notice to vacate. If the tenant does not vacate the premises, the Sheriff will then proceed to evict the tenants.

 

[Eekamouse]

My ex fiance (broke up with me today) & I have lived together for 3 years. He owns the house & I give him $1,000 a month for the mortgage. I have 3 children & am due with number 4 any day. He told me tonight he wants us out. He said he will file for eviction if I don't go. I don't have anywhere else to go, I give him all I get each month. My girls just started school & I don't want to move them. I have been paying every month & I get mail there & I also have a notarized paper he filled out stating my girls & I live there. Can he kick us out? If he files for eviction how long is the court going to give me to get my stuff out?

Why do you think it would be okay for you to stay in a home where you are not wanted? You and your boyfriend broke up. It's his house. Do you expect him to move out instead?

 

[justalayman]

I have to ask; are any or all of the children his?

 

[Flmom2015]

Yes they are his children

 

[justalayman]

start figuring out how to move out. If necessary look into women's shelters or even homeless shelters if need be.

I would also start a child support suit asap as well.

 

[not2cleverRed]

Yes they are his children

Nice.

The legal recourse you have is to immediately file for child support, custody, etc. He can want you all out, but he still has to support his children.

Sadly, if you had married (cost of filing marriage license less than $100), that piece of paper would have afforded you some protection, as the house would be considered a marital home.