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  1. #1
    monty101 is offline Junior Member
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    Ex-Girlfriend will not leave my house

    What is the name of your state (only U.S. law)? Texas

    1. Shes lived her a year and has changed her address on her drivers license to mine and has her mail sent her.
    2. We were engaged at one point and had intentions of getting married at some point... Since then various problems have caused things to be unbearable between us and I want her out, but she refuses to leave.
    3. I am retired and have been living off my investments and have paid for everything. She has paid me no rent or helped with bills whatsoever. My net worth has also dropped significantly while we have been together. I also have owned my home prior to us being together.

    I spoke with a local police officer and he told me that I could not have her evicted because she is not considered a tenant and because she has changed her address to mine. He told me she has the right to live in my house and bring anyone over that she feels like to visit her and I need to handle this through the civil courts

    Does this mean I need to do one of these two things to resolve this:
    1. Get her to sign a contract where I agree to compensate her in order to have her agree to leave and stay away from my family and me?
    2. Get a lawyer to have her served and sue her in civil court, to force a judge to determine when she should leave and what compensations should be exchanged for her agreeing to leave.

    I realize I live in Texas and there are "sketchy" common law marriage laws. I have contacted the court that handles evictions and was told that unless she is a tenant I cannot evict them. Is there any other way to evict her even though she is not a tenant?

    Whatever I choose to do, I want to make sure I have some sort of signed documentation that will suffice for a police officer to agree that she needs to leave. So any advice on that would be very helpful.

    Sorry for the long post. I could really use some advice, its been like living in a war zone here.
    Last edited by monty101; 09-07-2008 at 12:26 PM.
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by monty101 View Post
    What is the name of your state (only U.S. law)? Texas

    1. Shes lived her a year and has changed her address on her drivers license to mine and has her mail sent her.
    2. We were engaged at one point and had intentions of getting married at some point... Since then various problems have caused things to be unbearable between us and I want her out, but she refuses to leave.
    3. I am retired and have been living off my investments and have paid for everything. She has paid me no rent or helped with bills whatsoever. My net worth has also dropped significantly while we have been together. I also have owned my home prior to us being together.

    I spoke with a local police officer and he told me that I could not have her evicted because she is not considered a tenant and because she has changed her address to mine. He told me she has the right to live in my house and bring anyone over that she feels like to visit her and I need to handle this through the civil courts

    Does this mean I need to do one of these two things to resolve this:
    1. Get her to sign a contract where I agree to compensate her in order to have her agree to leave and stay away from my family and me?
    2. Get a lawyer to have her served and sue her in civil court, to force a judge to determine when she should leave and what compensations should be exchanged for her agreeing to leave.

    I realize I live in Texas and there are "sketchy" common law marriage laws. I have contacted the court that handles evictions and was told that unless she is a tenant I cannot evict them. Is there any other way to evict her even though she is not a tenant?

    Sorry for the long post. I could really use some advice, its been like living in a war zone here.
    **A: the police officer and the court gave you incorrect information. She is considered a tenant albeit one that pays no rent, so you can take steps to evict her. You probably have not told us the complete story though.
  3. #3
    FarmerJ is offline Senior Member
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    search your state govt web page links for landlord tenant and give her the same kind of notice as if she was a month to month renter , send it to her using a mailing method that will give you a reciept and store your copy of the letter with your reciept in your bank box since you dont want her to be able to find your proof and tear it up. IF she still refuses to move out then go to the clerk of courts in your county and tell them you have a tenant who has been sent proper notice to vacate and refuses to do so and want to file for the court to assist you with the eviction. (do your self a favor and move all your financial records to the bank box too).
  4. #4
    monty101 is offline Junior Member
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    I have told you all the facts other than the fact her kid stole about $1000 of sterling silver and has never paid me back money I have loaned him and now he want to move in here. What are the steps I need to take to get her evicted?? I called the police and met with the police officer. Nobody has told me what I need to do to get a eviction notice other than the police receptionist who gave me the tel no of the court that has the judge that signs eviction notices. The girl at that tel no said that unless there was a nonpayment of rent the judge would not sign an eviction notice and since the woman was not paying rent she was not a tenant and therefore he would not sign a eviction notice. Who do I need to call to get a judge to provide me an eviction notice?? I live in tarrant county, Bedford, Texas. the cops said we may be common law married and he would not evict her because of that. We aren't married but we were engaged and we have been living together to decide if want to go ahead and get married. it hasn't worked out. She told me I would have to evict her until she had enough money to buy another vehicle and move out. You are saying and she is saying I can evict her and all I want to know is how do I do it???
  5. #5
    MIRAKALES is offline Senior Member
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    The issues should be discussed in consultation with attorneys that SPECIALIZE in landlord/tenant eviction matters and common law marital matters in the State of Texas. This forum may not be the appropriate source for direct legal answers, since you introduced two separate and significant matters regarding the length of stay (one year) and the living conditions (marital engagement) that are relevant to both tenancy rights and common law marital rights. Consult with an attorney that specializes in landlord/tenant law and evictions, and another attorney that specializes in common law marriage for the appropriate legal remedies.
    One legal remedy may not be conducive to two separate issues.
  6. #6
    FarmerJ is offline Senior Member
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    Your notice to her telling her to move out can be as simple as TO Jane Doe , I want you to move out of ( address ) by X date signed and dated sent via certified mail or fed ex so she has to sign for it. BUT before you do a notice telling her to get out make sure that you have either a bank box or a safe that she doesnt have access to ( some where safe , to store your financial records and your proof of sending her notice telling her to get out) As far as her child needing a place to stay put your foot down and say NO and if she does it anyway then speak to a atty and decide if the risk of her suing you for a illegal eviction and any possible civil penalty that goes with it is something you can afford to chance.
  7. #7
    ecmst12 is online now Senior Member
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    I suspect the sherriff was telling him that he couldn't remove her from the property WITHOUT a court ordered eviction. You need to provide 30 days written notice and THEN you can file for eviction through the courts. She is a tenant and has rights.

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