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

[whiteforlife]

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

 

[Gail in Georgia]

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

Yes; she is still the owner of the house. However, she will likely need to go through the eviction process required by the state of Florida. Your father can contest the eviction when he is served notice of this and there will then be a court hearing set up and both sides can present their evidence as to why the eviction should or should not take place.

Although the court said your mother was not allowed in the house during the domestic abuse issue, this clause was likely discontinued when the charges were dropped. Besides; if the request for eviction is granted, they will not be living under the same roof anyway.

The issue of day filing for child support is a separate issue and one he should consider if the children are still minors.

Gail

 

[FarmerJ]

Since they did not marry, legally the last four years now her relationship to him is LANDLORD so legally she is obligated to treat him as tenant, he has all the rights of a tenant in your state and she can be penalized by the court for any actions that violate your states laws IF her tenant , your dad wishes to go that route. In the time being if he has had minor children of theirs all this time with him please tell him he really needs to speak to a attorney who has handled custody issues , because IF he had the minors under his care that long there is no reason at all he cannot ask for primary custody of them and I suspect he would have a very very good chance at getting it!

 

[Searchertwin]

I will delete the account as I am sure that my general free advice about the topic will not meet your approval unless it comes from you.

You don't need to delete. I only see that you are trying to throw something out there that could be something overlooked. It was only a suggestion by your own personal experience in the state of Texas and if we can't take suggestions from someone experience, than what good is the board?

I thank you for at least trying to help the original poster. It may not fit his situation but at least it was an avenue not to be overlooked. You never know.

Take care

 

[Searchertwin]

You don't need to delete. I only see that you are trying to throw something out there that could be something overlooked. It was only a suggestion by your own personal experience in the state of Texas and if we can't take suggestions from someone experience, than what good is the board?

I thank you for at least trying to help the original poster. It may not fit his situation but at least it was an avenue not to be overlooked. You never know.

Take care

I seen that a few posters answers to Mordecai Jones View Post was deleted. Her comment was directed to the others posters and not me, which when read as it is, makes it seem it is directed to me.
Those posters know who they are and if you can't take the heat, and be mature about than don't respond but leave it on

I get static all the time, basically from the same group, but I don't cry to the board to have it remove, like I am sure this will be.

 

[Zigner]

A simple web search would have shown that Ms. Jones' information was wrong, and that's what I did. A simple web search with a link to the applicable statute. Ms. Jones would rather leave in a snit than accept that she was wrong, apologize to the OP for the mistake and then move on. Oh well.

ETA: For the record, I even left her original, erroneous post on.

 

[Silverplum]

I seen that a few posters answers to Mordecai Jones View Post was deleted. Her comment was directed to the others posters and not me, which when read as it is, makes it seem it is directed to me.
Those posters know who they are and if you can't take the heat, and be mature about than don't respond but leave it on

I get static all the time, basically from the same group, but I don't cry to the board to have it remove, like I am sure this will be.

My answers were either reported by Sensitive MJones, or deleted by the mod, after being alerted by Someone Overly Sensitive.

Either way, mine were excellent and true answers. MJones was giving info for an entirely different state than the OP. That's not helpful.

 

[Searchertwin]

My answers were either reported by Sensitive MJones, or deleted by the mod, after being alerted by Someone Overly Sensitive.

Either way, mine were excellent and true answers. MJones was giving info for an entirely different state than the OP. That's not helpful.

Not to get into a heated dispute, but the op stated she knew that her information was from another state. She was just giving her input to help the op think outside the box and you guys tore into her. Nothing wrong in wanting to help from experience.

By the way, you all know who deleted the post and did it all together.
Here I will help.

Zigner

ETA: For the record, I even left her original, erroneous post on.


Take care, which means I am done

Sad

 

[Zigner]

She was just giving her input to help the op think outside the box and you guys tore into her.

Posting misleading & inaccurate information does NOT help. It simply causes folks to exert energy in places it doesn't need to be exerted.

 

[Searchertwin]

Posting misleading & inaccurate information does NOT help. It simply causes folks to exert energy in places it doesn't need to be exerted.

I had to comment.

If you would have left the posting on, others would have seen that it was not a post of misleading and inaccurate information as you are suggesting. She stated through HER EXPERIENCE what happen to her. You just did not agree with her and was hung up on her not being from the same state, which she indicated she was not, but wanted to help.

 

[Proserpina]

I had to comment.

If you would have left the posting on, others would have seen that it was not a post of misleading and inaccurate information as you are suggesting. She stated through HER EXPERIENCE what happen to her. You just did not agree with her and was hung up on her not being from the same state, which she indicated she was not, but wanted to help.

You do realize that posters can only ever do a "soft" delete, right? The post disappears temporarily while admin reviews the post. Admin are the ONLY ones (besides the original poster) who can permanently delete a post.

So yeah. You might want to review your signature.

 

[Searchertwin]

You do realize that posters can only ever do a "soft" delete, right? The post disappears temporarily while admin reviews the post. Admin are the ONLY ones (besides the original poster) who can permanently delete a post.

So yeah. You might want to review your signature.

I was planning on removing it anyway.

They knew they were wrong. They were just covering themselves up to continue to look good and when it backfired, they instantly removed, instead of owning up to it. Plus one continue to defend himself , to prove he was right. No one can dispute one’s experience. It’s that simple.