NEWS FLASH.........My ex-fiance wants me out

[naesatt]

My daughter & I have been under an unbelievable amount of stress since before x-mas when all the heated stuff started. Really started back in July, when he let his ex access the family resources money for 1/2 the year & he got a $200.00 kickback from her for it, plus tried to keep it a secret from me, hummm, lets do the math. Then I started REALLY paying attention. There has been this ongoing thing with his ex, the child, the caregiver, his other kids......I just had enough. I do not know if it be good or bad, but when I am done with a relationship, I am DONE. No mud-slinging, no finger pointing, I am just DONE. I want what is mine, I don't want what is yours, I want OUT. Why does it have to always go this direction. People are idiots (me included), but I want what is rightfully mine. I did not cheat on him, he cheated on me, so he has the nerve to try to be in a pissing contest with me, whatever. there is allot of stuff I could go with....he didn't claim social security monies he received for his son from ex's disability claim(he made $42,000.00 last year). he lied on his taxes and said that he paid out of his pocket the state funding to make downstairs accessible, he got a good tax break for that (he would have owed, still claiming married w/ 3 dependents on W-2) The drug abuse (coke) wouldn't look too good to his sons caseworker from MRDD, misrepresenting baby-sitting respite monies from Family Resources. MG...what was I thinking, he even sounds shady doesn't he!!!!!!!! What ever made me think he wouldn't try to get mine too!!?? What a learning experience this is, one I will NEVER ( oh, did I say the never word) forget.

 

[naesatt]

To rmet4nzkx

I did not see your post. The three doc's were the extortion letter, 1 Notice to leave premises for me & 1 Notice to leave premises for my daughter, age 19. The notices said we have 10 days. Then reads as follows:
"You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance. i want to add that this was filed out in his ex's handwriting. I can scan this and email it if anyone wants to actually SEE it. BTW, do you live in lakewood ohio, if so, I am scary close to you?

 

[rmet4nzkx]

I did not see your post. The three doc's were the extortion letter, 1 Notice to leave premises for me & 1 Notice to leave premises for my daughter, age 19. The notices said we have 10 days. Then reads as follows:
"You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance. i want to add that this was filed out in his ex's handwriting. I can scan this and email it if anyone wants to actually SEE it. BTW, do you live in lakewood ohio, if so, I am scary close to you?

I realized that with the flurry of responses mine might have been overlooked.

No I don't live in Lakewood, although I have been there once when my son lived there, but their city website had a brief summary of Ohio LL/T laws that covered eviction with references to the laws. http://www.ci.lakewood.oh.us/law_tenantlaw.html
Obviously, these notices were written and served without knowledge that you had filed the QC. Humm, you might serve him as well A part of that site I didn't copy but might apply is this:
Drug Activity and Rental Housing
Recent changes in the Ohio Landlord Tenant Law require landlords to evict tenants when the landlord has actual knowledge of or reasonable cause to believe that the tenant, members of the tenants' household, or persons on the property with the consent of the tenant, are engaged in drug activity. A landlord's actions are triggered by a notice from a police department which has acted pursuant to a search warrant. Lease termination and eviction procedures in drug situations are faster than in other cases.

Since he also served your daughter, I'm not sure how that will work, but I believe she would also have to respond if he actually serves eviction papers, in the mean time you might want to ask the RE attorney if you need to have a rental agreement with your daughter or if she, as a member of your household is exempt.

 

[Florid-aise]

Since he also served your daughter, I'm not sure how that will work, but I believe she would also have to respond if he actually serves eviction papers, in the mean time you might want to ask the RE attorney if you need to have a rental agreement with your daughter or if she, as a member of your household is exempt.

Let me help you with this one, rmet.

Using this hypothetical:

A police officer arrives at the scene of a domestic dispute. The dispute at issue is the brother-in-law's presence in the house.

The sister-in-law wants the police to have the BIL removed. The brother wants his brother to stay.

Given this situation, what can the officer do?

 

[naesatt]

There is no knowledge on the police dept. side of the drug use, only what I mentioned the first visit I made to establish what was going on in the house. I did not want to seem like I said it only in retaliation. I thought about putting up my own "eviction notice", but would that be an unlawful eviction that I would also be liable for damages incurred to him? I do not want to stoop to his level, although it has been soooo tempting! I did think of going to police for drug thing, not that I think they would do anything, it is here-say, he does not do drugs in front of me, he knows my stand on the subject. I do know the signs, and I also know who his drug dealer is, and when he started calling the house back in May/June 04, I knew right away what the deal was. I do think MRDD might be interested in the drug thing though....I also kept a hair sample the last time I cut his hair, cut it quite short I might add, I just didn't want to spend the $50 it costs to get it tested, I don't think it would be admissible anyway, "chain of command" and all.

 

[rmet4nzkx]

Let me help you with this one, rmet.

Using this hypothetical:

A police officer arrives at the scene of a domestic dispute. The dispute at issue is the brother-in-law's presence in the house.

The sister-in-law wants the police to have the BIL removed. The brother wants his brother to stay.

Given this situation, what can the officer do?

It depends on what the BIL has done and if the BIL resides there or not, however that is not the same as a household member.

 

[Florid-aise]

It depends on what the BIL has done and if the BIL resides there or not, however that is not the same as a household member.

Using just the simple "I don't want him here" argument (for simplicity).

There is absolutely nothing that the officer can do. Both halves of the whole can and do have equal rights to the home (the entire home, not just one half of the home), freedom of movement, freedom of expression, freedom of association. In other words, in the event of a tie, time goes to the one least likely to sue the pants off of the police officer. The one granting the brother permission to be present. Even in the direct face of the other owner stating precisely the opposite.

Now for further illustrative purposes, our OP can open her home to the homeless in her community and can fill the house, garage, and attic with any, every and all manner of additional other human persons with her consent.

Here's the catch. So can her co-owning ex b/f.

 

[rmet4nzkx]

There is no knowledge on the police dept. side of the drug use, only what I mentioned the first visit I made to establish what was going on in the house. I did not want to seem like I said it only in retaliation. I thought about putting up my own "eviction notice", but would that be an unlawful eviction that I would also be liable for damages incurred to him? I do not want to stoop to his level, although it has been soooo tempting! I did think of going to police for drug thing, not that I think they would do anything, it is here-say, he does not do drugs in front of me, he knows my stand on the subject. I do know the signs, and I also know who his drug dealer is, and when he started calling the house back in May/June 04, I knew right away what the deal was. I do think MRDD might be interested in the drug thing though....I also kept a hair sample the last time I cut his hair, cut it quite short I might add, I just didn't want to spend the $50 it costs to get it tested, I don't think it would be admissible anyway, "chain of command" and all.

Well then you didn't know the laws, now you know. One of the ways is by the police informing you, but you have good reason, including evidence and the contact with the dealer. While there is a break in the chain of evidence, you do have the hair sample which could be validated several ways. I don't have the section of the ORC but you could look it up, and since you mentioned it to the police, say you didn't know if it would be he said, she said, you have a hair sample, you have the name of the drug dealer, phone records can be traced, report it to the police and if the evidence holds up, you can evict him, the police can report to MRDD. You might also contact your local domestic violence hotline.

 

[rmet4nzkx]

Florida,
Let's keep things focused on OP's question and facts. If you want to start another thread ok, but let's keep on track here

 

[naesatt]

I don't know if I want to start all this ( drug issues ), my head is still spinning from the task at hand, ie. the house issue. I cannot afford to live here on my own at this time. thanks for the info though, if it gets too unbearable I just might play the drug card.

 

[Florid-aise]

Florida,
Let's keep things focused on OP's question and facts. If you want to start another thread ok, but let's keep on track here

Deal !

OP, your daughter is connected to you by piano wire at the hip; hermetically sealed and cold fused together by nuclear fission.

There is no one, no person, no legal authority under the star we on this planet call the Sun, in a civil court, nor that wears a badge, that can make your daughter depart the premises.

There is no LL/T relationship. Either between you and her, nor between your ex b/f and your daughter.

By and with your permission (only needing yours and yours alone), your daughter can stay, live, attend, revive and/or orchestrate a comeback on stage for all that matters; and in no wise can she become separated from you and the home you now live in unless and until it is mutually agreeable to you both.

 

[rmet4nzkx]

I don't know if I want to start all this ( drug issues ), my head is still spinning from the task at hand, ie. the house issue. I cannot afford to live here on my own at this time. thanks for the info though, if it gets too unbearable I just might play the drug card.

Keep all your evidence somewhere safe.

 

[naesatt]

Florid-aise,
Thanks for that info.
rmet4nzkx,
The "evidence" is not in the house, or in safety dep. box.


I just moved the car out front for my use again he was coming down the street as I was walking up the driveway, I wonder how bad he wanted to run me over!!!!!

 

[naesatt]

I won't post again till later today

 

[rmet4nzkx]

Florid-aise,
Thanks for that info.
rmet4nzkx,
The "evidence" is not in the house, or in safety dep. box.


I just moved the car out front for my use again he was coming down the street as I was walking up the driveway, I wonder how bad he wanted to run me over!!!!!

Be careful, we don't want you slipping or falling in the ice and snow!