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Ended relationship w/ fiance, how do i get her out of the house?

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boseheadphones

Junior Member
Massachusetts

fiance and i dated for 3 months.. got pregnant and she moved in. recently i ended the relationship because it wasn't viable and was very unhealthy for our 3 month old.

the house was purchased 5 years ago when i was single... all bills are in my name (along w/ deed etc)

she has offers to go to family members houses to stay... how do i get her out of the house?

i'm pretty sure i cant force her... do i have any legal recourse
 
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stealth2

Under the Radar Member
Short of pitching her out the window (which would likely get you arrested), no one can tell you with the dearth of information you provided.
 

stealth2

Under the Radar Member
i obviously dont mean to literally throw her out

im trying to find legal recourse in this situation
And again - you provide no information for us to work with.

If you were looking for the dentists' group, it's out the door, to the left, and five doors down on the left. We don't pull teeth here.
 

Banned_Princess

Senior Member
Massachusetts

fiance and i dated for 3 months.. got pregnant and she moved in. recently i ended the relationship because it wasn't viable and was very unhealthy for our 3 month old.

the house was purchased 5 years ago when i was single... all bills are in my name (along w/ deed etc)

she has offers to go to family members houses to stay... how do i get her out of the house?

i'm pretty sure i cant force her... do i have any legal recourse

Yes, you have to provide her with written notice that you want her out within the time frame set up by Mass landlord tenant law.

which you will find here.

http://www.mass.gov/ocabr/consumer/housing/tenant-and-landlord/landlord-rights.html

there you will find the following...

Tenancy At Will

You have a Tenancy at Will when, with your permission, a person occupies your apartment, paying rent regularly, usually monthly. A Tenancy at Will may be written or oral. Either you or your tenant may terminate this agreement at any time for a specific reason or for no reason by giving 30 days written notice or notice which covers a full rental period, whichever is longer. Termination of a Tenancy at Will for nonpayment requires only a 14 day notice to quit (M.G.L. c.186, § 12).



Since she is paying no rent, any 30 day notice shall suffice. Write it today, and give it to her today and in 31 days you will then have to make a complaint to your local civil court for her removal from the property.

You cannot, under any circumstances, lock her out, take away utilities you have been providing, harass her, or move her stuff outside, or around.

Here is a section on ho to make the eviction complaint, and the steps.

Summons and complaint

When the notice period ends, you or your lawyer must serve a Summary Process Summons and Complaint on the tenant. This officially brings the tenant under the court's power and informs him or her of the trial date, the place of the hearing, the reasons for eviction and how much money, if any, you claim the tenant owes you.

Answer

This is the tenant's written response sent to you in which s/he states why s/he should not be evicted and what, if any, counterclaims for money damages s/he has against you such as violations of the State Sanitary Code, retaliation, or faulty eviction procedures.

Trial

If you cannot reach an agreement with the tenant resolving the reasons for eviction, there will be a trial. At this hearing, the tenant and you or your lawyer present your witnesses and documents and a judge or jury decides if you win or if the tenant wins and how much money, if any, the tenant must pay or how much, if any, you must pay the tenant.

The situation with your child is a whole different story.

Have you tried offering any amount of money to move? like moving expenses?
 

ecmst12

Senior Member
You give her 30 days written notice to move, and proceed with eviction if she does not. Expect her to to take the baby with her and file for child support. You can be proactive in filing to establish paternity, custody, parenting schedule and support now, before she moves.

She has no legal right to your house at all.
 

LdiJ

Senior Member
Massachusetts

fiance and i dated for 3 months.. got pregnant and she moved in. recently i ended the relationship because it wasn't viable and was very unhealthy for our 3 month old.

the house was purchased 5 years ago when i was single... all bills are in my name (along w/ deed etc)

she has offers to go to family members houses to stay... how do i get her out of the house?

i'm pretty sure i cant force her... do i have any legal recourse
You do realize that as an unwed mother she has sole legal and physical custody of the child until a court says otherwise, therefore if she goes, the child goes with her?
 

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