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Mother moved out and 4 Years later decides to move back in and kick Father out

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whiteforlife

Junior Member
I'm not sure if this is in the right section. I live in Florida. Four Years ago my mother was arrested for domestic abuse. The charges got dropped but she had moved out during the trial and has lived else where for the last four years. My parents were never married. They made no kind of leasing agreement or deal about the house. Before the charges were dropped the court said my mother was not allowed to live in our house. Yesterday my father got married to his new girlfriend. When my mother learned about the marriage, she showed up at the door and said she was moving back into the house and there was nothing my father could do to stop her. The next day she told my father that she was kicking him out. Because they were never married, the house is only in my mother's name. She claims because the house is in her name she can do whatever she wants and kick whoever she wants out. For the last four years my father has been living in this house raising my two younger siblings, recieving no child support, and paying all of the bills. Can my mother come and throw him out of a house she hasnt lived in for four years just because its in her name? Any help or information would be greatly appreciated!
 


ShyCat

Senior Member
Can my mother come and throw him out of a house she hasnt lived in for four years just because its in her name?

Your father did not gain ownership of the house simply by living there and paying his bills. He is a tenant, not a co-owner. Your mother will have to follow the procedures of a legal eviction.
 

LdiJ

Senior Member
Your father did not gain ownership of the house simply by living there and paying his bills. He is a tenant, not a co-owner. Your mother will have to follow the procedures of a legal eviction.
And she has every right to move back in.
 

Zigner

Senior Member, Non-Attorney
And she has every right to move back in.
I'm not so sure.

The father has been the sole occupant for a very long time. When I was a tenant I would have had STRONG objections to my landlord simply deciding to move in out of the blue.
 

LdiJ

Senior Member
I'm not so sure.

The father has been the sole occupant for a very long time. When I was a tenant I would have had STRONG objections to my landlord simply deciding to move in out of the blue.
I missed that they were never married, therefore its not the marital home. She does however have every right to evict him.
 

ecmst12

Senior Member
It's her house and has always been her house. Why, in 4 years, did dad not take steps to find another place to live and get out of her house?
 

single317dad

Senior Member
It's her house and has always been her house. Why, in 4 years, did dad not take steps to find another place to live and get out of her house?
That always amazes me. I worked with a young woman who did this exact thing, staying in her ex's house with the kids for years after they split, then raising a fit when he evicted her (improperly) to move his new GF in last year. Why do people think this isn't going to happen?
 

LdiJ

Senior Member
That always amazes me. I worked with a young woman who did this exact thing, staying in her ex's house with the kids for years after they split, then raising a fit when he evicted her (improperly) to move his new GF in last year. Why do people think this isn't going to happen?
Because they get the idea in their heads that its somehow their house too, even though they were never married and never had any ownership.

I did see it work once, but only because the non-owner actually built the house himself (without pay), and the judge ruled that there was a verbal contract, for consideration, as a result. That however was a very unusual situation...and she technically didn't have to share ownership with him, she had to pay him for building the house.
 

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