Can I evict my brother's girlfriend from co-owned home

[Cantata300]

What is the name of your state? Oregon

My brother and I own a house together which is his main residence (I own another house a few miles away). He lives there full time and in the last year, his girlfriend has moved in. She is an alcohol and drug addict and has gotten my brother hooked on pain meds. She has turned the house into a hoarders nightmare with bags and bags of trash everywhere. It's disgusting. He has tried (not successfully) to get her to leave the house and has tried 3 times to break things off but his ill health and dependence on her supplying the pain meds stops him from just throwing her out. She is not paying any rent or utilities or anything. My mom and I are currently working on getting my brother into treatment, he is 60...not in good health etc. -

At this point as a Co-owner of the house I am wondering what my legal rights are to have her either officially evicted (can I do that if she isn't paying rent) or just removed from the house (police come and take her things etc). My brother will not fight it but is not in any shape to do it himself. I am trying to protect not just him but our investment in the house which she has now trashed etc. Any legal guidance would be helpful. thank you

 

[quincy]

What is the name of your state? Oregon

My brother and I own a house together which is his main residence (I own another house a few miles away). He lives there full time and in the last year, his girlfriend has moved in. She is an alcohol and drug addict and has gotten my brother hooked on pain meds. She has turned the house into a hoarders nightmare with bags and bags of trash everywhere. It's disgusting. He has tried (not successfully) to get her to leave the house and has tried 3 times to break things off but his ill health and dependence on her supplying the pain meds stops him from just throwing her out. She is not paying any rent or utilities or anything. My mom and I are currently working on getting my brother into treatment, he is 60...not in good health etc. -

At this point as a Co-owner of the house I am wondering what my legal rights are to have her either officially evicted (can I do that if she isn't paying rent) or just removed from the house (police come and take her things etc). My brother will not fight it but is not in any shape to do it himself. I am trying to protect not just him but our investment in the house which she has now trashed etc. Any legal guidance would be helpful. thank you

You will need your brother to agree to the eviction.

 

[Zigner]

If your brother gives permission, then she can stay there.

 

[Cantata300]

quincy, thank you. I assume you mean that if I have a formal eviction notice filled out, he would need to sign it along with me? I am pretty sure he will agree as he is desperate to have her out and has called me alot asking how do we get her out. Again she won't leave just because he tells her to which is why I am asking about the legal formalities.

 

[Cantata300]

If your brother gives permission, then she can stay there.

I'm pretty sure that won't happen if I file an official eviction. The last time he "broke up" with her and told her to leave, she dislocated his finger. It's a very toxic and abusive situation and again my brother is 60, not physically well and needs the help and back up to actually get her out. I am just figuring out (since she pays no rent) how it works legally.

 

[quincy]

Yes. Your brother must agree to evict her.

One other option: If you have proof that your brother's girlfriend is supplying him with drugs illegally, you could contact the police and the police might escort her off the premises and into a jail cell. Of course, this can put your brother at risk, too, so should not be considered if you believe he is using illegal drugs.

 

[Zigner]

I'm pretty sure that won't happen if I file an official eviction. The last time he "broke up" with her and told her to leave, she dislocated his finger. It's a very toxic and abusive situation and again my brother is 60, not physically well and needs the help and back up to actually get her out. I am just figuring out (since she pays no rent) how it works legally.

I really suggest that you hire an attorney for assistance. I don't think this is going to be a do-it-yourself project, unfortunately.

 

[adjusterjack]

The last time he "broke up" with her and told her to leave, she dislocated his finger.

That was an opportunity to get her arrested and removed from the property.

I am just figuring out (since she pays no rent) how it works legally.

Have you and your brother discussed him filing for a restraining order (order of protection) based on the violence and abuse? That will get her removed from the property real fast.

Otherwise, he will have to give her a written 30 days notice of termination. If she is still there after 30 days, he will have to file for eviction through the courts.

If violence or abuse ensues, it will be high time for a restraining order or arrest.

I really suggest that you hire an attorney for assistance. I don't think this is going to be a do-it-yourself project, unfortunately.

Gotta agree there.

 

[quincy]

Here is a link to Oregon residential evictions: https://www.courts.oregon.gov/courts/coos/help/Pages/residential-eviction.aspx

 

[Shadowbunny]

You may be able to find some resources here: https://www.oregon.gov/DHS/seniors-disabilities/SUA/Pages/Adult-Abuse-Prevention.aspx

 

[xylene]

Some of what you are doing is protecting a shared interest in property. Good.

Some of what you are doing might be enabling, though inadvertently.
You can't fix his problem and people don't get people hooked.
He did this to himself.

You really need to talk to a lawyer about options. If your brother is infirm have you considered buying his ownership shares?

 

[quincy]

I see a potential additional problem once you evict the girlfriend from the home.

Your brother apparently relies on this girlfriend for assistance (and for pain medications). Once the girlfriend is gone, your brother probably will need someone else in his life to help with his care.

 

[Cantata300]

I see a potential additional problem once you evict the girlfriend from the home.

Your brother apparently relies on this girlfriend for assistance (and for pain medications). Once the girlfriend is gone, your brother probably will need someone else in his life to help with his care.

Yes Quincy, thank you for that. We have the resources to help him both financially and with hiring care. She actually hasn't been assisting him, which is the issue. She doesn't administer his meds properly, she gets him painkillers from nefarious sources and she has completely destroyed the house. This is coming directly from my brother and other parties that have been in the house in the last month. They cannot believe the condition. We have allowed my brother to make his own decisions and he himself knows she needs to go. At this point we are weighing out legal options of getting her out as he has nicely asked her to leave and that isn't working.

 

[LdiJ]

She needs to be legally evicted. Plain and simple.

 

[FarmerJ]

Once he is in treatment it will be a lot easier for him if she doesn't know where he is and then get her out and if you had to install someone to assist him and they are going to live there as part of the employment then make sure Its all in writing ( talk to your attorney ) so if you had to fire the help they cannot easily claim tenants rights