Any Legal Eagles Here? Lawyer Question ...

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LoneRanger

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My son and daughter-in-law live in a small condo I own. If they initiate divorce proceedings, would her lawyer be able to file some sort of legal order forcing me to allow her to remain "in the marital residence" (my condo) for the duration of the divorce proceedings (often a long process) when my son is kicked out by the court order or whatever? They do not pay me rent. The unwritten agreement has been they pay the monthly condo association fee and county property taxes while they stay there rent free. If there is a possibility of some sort of freeze being placed on it so she would get to remain there when he is forced out by court decree, is there some sort of pre-emptive thing I can file on the property before they ever file for divorce, that would derail any such attempt? Neither he nor she has filed for divorce yet.

The arrangement was intended to be temporary after they got married so they could get on their feet and save up for down payment on their own place, but it's ended up running for three years now. They finally have money for big mortgage down payment on a place of their own, but that is all on hold of course since they are at odds in the marriage now.
 
You can come up with cash rent receipts made out exclusively to her for as long back as you want to go.

If she has her own account she can start writing you checks for rent this month to start that paper trail.

As far as the courts are concerned, he's a houseguest on your property and you can evict him at any time. The only question is how much notice do you have to give him.

IANAL.
 
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 ?
 
I'm surprised answers are being provided without knowing what State and City you live in. The answer depends on the specifics of your State laws and local jurisdictions. (I'm not an attorney but my son is).
 
Think you will have to follow the eviction process for your jurisdiction. I don't think you can just throw her out of her rented residence unless she is breaking the law.
 
So, basically, the free rent you have given your son for 3 years so they could have a big down payment is going to have half of it taken by his soon-to-be ex. Or maybe all of it taken by their lawyers. Depends on whether the divorce is friendly or not. I'd ask him for back rent out of the pile of money they won't need for a down payment. Then, out of the goodness of my heart, after the divorce was final, I'd use it to help him get back on his feet. If you make that arrangement with him before the divorce, he'd have to list it as an asset, so don't do that.

As to the tenant relationship, as mentioned above, it depend on local laws. In some places, them paying taxes and association fees could possibly establish a landlord tenant relationship. At the very least, I'd change the current unwritten contract with a written one, increasing the rent to the market rate, or above if you want to make sure you get rid of her.

A divorce judge cannot force you into anything since you aren't a party to the divorce. But they can consider your actions when they decide how much to "punish" your son. Probably better to take care of this before the divorce. Seeing a lawyer early might cost a little to save a lot later.
 
My dad is a retired attorney. Laws vary from state to state we all know that. 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.
Someone can be dirty and file a restraining/protection order and trust me, you don't want your son to have that thrown on him. If he has any guns or a desire to buy one, that goes out the window with a restraining order. There are other things a restraining order screws you over on.

What is the problem they are having
 
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.
 
If they have money saved up for a home purchase, what happens if you sue them for back rent but you never collect it. Does that protect his portion of the saved cash?
 
My brother just went though a complicated divorce. I would suggest, call a lawyer in the morning, pay them a 1-hour consult fee, they will give you the exact advice that you need for your state, and then follow their instructions to the letter. It will be 300-500 bucks well spent!
 
Talk to a lawyer, not BITOG. Half the responses in this thread will put you personally in legal jeopardy. Even I, a layperson, know that you can't evict people without notice and you can't retroactively assess rent charges.
 
I'm not a lawyer, but I've dealt with enough legal matters to know you need to speak to one that has a license to practice where your condo is.
 
Originally Posted by FirstNissan
My brother just went though a complicated divorce. I would suggest, call a lawyer in the morning, pay them a 1-hour consult fee, they will give you the exact advice that you need for your state, and then follow their instructions to the letter. It will be 300-500 bucks well spent!


My sister is a lawyer for 30 years and never charged for a consultation, she listens and then gives her advice.

Had a friend needing some advice and she didn't charge a penny.
 
Let's be clear on two things mistaken above:

1) You did have a rental agreement with them: it was oral and not written, but that does not negate that a contract was in effect.
2) They did pay rent. You set the price at Annual HOA dues + taxes as you clearly stated.
 
Originally Posted by Mr Nice
Originally Posted by FirstNissan
My brother just went though a complicated divorce. I would suggest, call a lawyer in the morning, pay them a 1-hour consult fee, they will give you the exact advice that you need for your state, and then follow their instructions to the letter. It will be 300-500 bucks well spent!


My sister is a lawyer for 30 years and never charged for a consultation, she listens and then gives her advice.

Had a friend needing some advice and she didn't charge a penny.


Once again, State laws come into play here. In some cases, anyone operating with a State license to conduct a professional service is financially liable only if a fee is charged and money is transacted. Where I live, professional liability insurance is required to get a State business license because here, a professionally licensed person is liable for damages even if advice is given free of charge.

No lawyer in their sane mind would answer the OP's question in a public forum like this. I certainly hope the OP contacts a licensed attorney.

Ray
 
Originally Posted by Mr Nice
Originally Posted by FirstNissan
My brother just went though a complicated divorce. I would suggest, call a lawyer in the morning, pay them a 1-hour consult fee, they will give you the exact advice that you need for your state, and then follow their instructions to the letter. It will be 300-500 bucks well spent!


My sister is a lawyer for 30 years and never charged for a consultation, she listens and then gives her advice.

Had a friend needing some advice and she didn't charge a penny.


Same here. My gf never charges for initial consultation. She goes over their case with them,tells them if they in fact have a case,goes over her fees,etc. If they then choose to have her represent them,she has them sign a contract and has them pay her a retainer fee.
 
Originally Posted by Ethan1
Talk to a lawyer, not BITOG. Half the responses in this thread will put you personally in legal jeopardy. Even I, a layperson, know that you can't evict people without notice and you can't retroactively assess rent charges.


yes

Originally Posted by RayCJ

Once again, State laws come into play here. In some cases, anyone operating with a State license to conduct a professional service is financially liable only if a fee is charged and money is transacted. Where I live, professional liability insurance is required to get a State business license because here, a professionally licensed person is liable for damages even if advice is given free of charge.

No lawyer in their sane mind would answer the OP's question in a public forum like this. I certainly hope the OP contacts a licensed attorney.

Ray



and yes.

OP is a landlord if he realizes it or not.
 
I understand wanting to 'run it by friends', ie BITOG, but if this is a serious situation and you have material assets at risk, you need to pay the $$$ and talk to someone who gets the big $$ to get this stuff right.
 
Speaking just as a landlord and realtor, I don't have any idea what marital home might mean in other states so it's true you should mention your state as state laws do vary. But from my understanding, how can it be a marital home when your son and daughter in law are basically just renters? If their name isn't on the deed, I'm not sure how it could be considered their home. Basically due to your generosity, they're living in a cheap place now. That can end at any time.

Probably legal to just draw up a month to month lease for your son, have it signed and increase the rent amount. Then you can just terminate it with the proper notice required in your state.

Anyway, as others said, this advice may not be valid in your state as we have no idea where that is.

Hard to get good advice when you don't provide enough details.
 
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