Any Legal Eagles Here? Lawyer Question ...

[JLTD]

Originally Posted by clinebarger
Kick them both out NOW, Why wait for this to become a legal manner that would potentially entangle your asset?


Exactly. No legal worries at all. It's open ended for a reason. Now it's simply ended.

 

[rubberchicken]

=== IANAL === Check out Reddit subforum Legaladvice . There are plenty of lawyers that hang out on that forum. Note the state where the condo is located.

 

[DdDd]

Unless there's a lawyer from your state on here your question is moot.

Here in NY you'd definitely have to get an eviction which is a process unto itself.

There are $1000 divorce attorneys that can provide the initial consult and paperwork. You and your son should ask a ton of questions. If that sounds expensive wait till you see how much the free advice on bitog costs you!

 

[demarpaint]

I think it would vary by the state. I'd ask a lawyer, rather than advice here. IIRC a spouse cannot be rendered homeless immediately following a divorce. So he might have to pony up for rent for a while for her to live elsewhere.

 

[bubbatime]

Originally Posted by Nick1994
I'd give them an eviction notice. And then when she's moved out, he can move his stuff back in and you can draw up a "lease" with him.


This. Back date a notice, say two or six months ago, that you want them to vacate the property as you are putting it up for sale. Maybe even post it up to one of those sell it yourself websites.

Once they move out, let him move back in.




Best course of action is just asking them to move out and seeing if they abide by it. If they do, then no need for legal ranging. You can give the wife any excuse you want, such as you plan on renting it out for money, you plan on selling it, you want to move into it, etc.

 

[LoneRanger]

Originally Posted by skyactiv
One big issue you have against YOU is the residence is established as the MARITAL HOME. You cant kick her out and let him stay, that is up to a judge.




This is the exact suspicion I have regarding if she commences a divorce process in court, and I want to find out if there is any legal papers I can file beforehand that would pre-empt or derail any such attempt by her to hijack the condo out from under me.

 

[Mr Nice]

Visit a local lawyer and have a meeting and explain the situation.

 

[Jimzz]

Originally Posted by Mr Nice
Nope.

You own the condo and its 100% your decision who stays (your son) and who must go (ex daughter in law).

Very simple. Time for her to pack her bags and leave the condo.

If cops get called, the first question they ask is who is the owner of the property....

Then they ask you (the owner) who do you want to stay / leave ?



NO!!! That is not correct. The son and daughter inlaw will have resident status. The police will ask if the owner has a court order to kick them out, eviction. When he says no then the police will say "civil matter... good luck.".


OP the best way to handle this is keep it fully business relationship. Write up a 1 month lease and set the rate at what you already agreed to. Once that lease ends they go month to month. If you want them out you have to ask nicely with a notice (some states its 30 some 60 days) and hope they leave if not then you would have to evict.
Everything in writing is more clear and less chance it blows up as "thats not what you said..." type thing. And if you need to evict you can show it was all done in writing including the notice to vacate to a judge.

Family is family till money gets involved. Then its every person for themselves many times. I saw that first hand after my grandmother passed away. People would fight over the most smallest/trashy thing you can think of.

 

[Leo99]

Originally Posted by Jimzz
Originally Posted by Mr Nice
Nope.

You own the condo and its 100% your decision who stays (your son) and who must go (ex daughter in law).

Very simple. Time for her to pack her bags and leave the condo.

If cops get called, the first question they ask is who is the owner of the property....

Then they ask you (the owner) who do you want to stay / leave ?



NO!!! That is not correct. The son and daughter inlaw will have resident status. The police will ask if the owner has a court order to kick them out, eviction. When he says no then the police will say "civil matter... good luck.".


OP the best way to handle this is keep it fully business relationship. Write up a 1 month lease and set the rate at what you already agreed to. Once that lease ends they go month to month. If you want them out you have to ask nicely with a notice (some states its 30 some 60 days) and hope they leave if not then you would have to evict.
Everything in writing is more clear and less chance it blows up as "thats not what you said..." type thing. And if you need to evict you can show it was all done in writing including the notice to vacate to a judge.

Family is family till money gets involved. Then its every person for themselves many times. I saw that first hand after my grandmother passed away. People would fight over the most smallest/trashy thing you can think of.


You're 100% right. At least in NJ. If a person sets up domicile, you can't kick them out because your father owns the condo or you're mad at them. You can't kick them out because they're not getting along with your son. They are not house guests that you can simply ask to leave.

 

[SeaJay]

Easy peezy, put the condo on the market and sell it. At best, if someone is staying in someone else's property without a lease, there may be a 30 day requirement to toss them out.

 

[Leo99]

Originally Posted by SeaJay
Easy peezy, put the condo on the market and sell it. At best, if someone is staying in someone else's property without a lease, there may be a 30 day requirement to toss them out.


That's probably the easiest way out for the OP. Doesn't get his son in the condo after the divorce but end's the OP's problems.

 

[Wolf359]

Originally Posted by Leo99
Originally Posted by SeaJay
Easy peezy, put the condo on the market and sell it. At best, if someone is staying in someone else's property without a lease, there may be a 30 day requirement to toss them out.


That's probably the easiest way out for the OP. Doesn't get his son in the condo after the divorce but end's the OP's problems.


Lots of crazy theories in this thread. It's all pointless without knowing what state we're talking about. But a few things are true regardless of state. You can't just throw someone out, that's called a self help eviction and there can be severe repercussions. I've seen judges grant tenants 5 year leases because the landlord threw out the tenant's possessions. Only a judge can have someone legally removed from a unit. Selling the unit doesn't help, doesn't matter who the owner is, you still have to go through the eviction process. You can give them a 30 day notice, but if they're still there after 30 days, you still have to go to court to get them evicted. Most buyers would know this or their broker should tell them that. Also true about the cops not getting involved, as long as someone had a legal right to be there in the past, they're not going to get involved, it's a civil matter. Housing is one of those crazy things in this country, steal $100 from Walmart and get thrown in jail, steal thousands by not paying rent, still have to wait for a judge to throw them out and then good luck collecting anything.