From: Dave C. on
On Sun, 11 Oct 2009 16:14:54 -0400
Marsha <mas(a)xeb.net> wrote:

> My milktoast sister does plan on consulting an attorney finally, but
> does anyone know what she has to do to get rid of a roommate
> (boyfriend)? She owns the home outright.

Has she asked him to leave? If she's asked him to leave and he refuses to leave, then he is a trespasser. Depending on how long they've been living together though, she might have a bigger problem. That is, she might have to formally file for divorce before she can ever get married to someone else. Check common law marriage statutes for the state she's living in.

But if she hasn't inadvertently married him (by common law) then he's a trespasser. Call the cops. Let the guy try to verbally abuse the cops. See how well that works out for him. :) -Dave
From: Dave C. on

>
> Seems like a legal tenancy has been created and a formal eviction will
> be needed to do it legally.

How do you figure that? Has he ever paid rent? Has she ever asked him to pay rent? There is no need for an eviction of a trespasser. Just asking him to leave is enough. If he refuses, let him explain to the cops why he thinks he has a right to trespass on private property. I'll bet the cops convince him otherwise, fast. -Dave

--
Dave C. <noway(a)nohow.never>
From: Marsha on
Dave C. wrote:
> On Sun, 11 Oct 2009 16:14:54 -0400
> Marsha <mas(a)xeb.net> wrote:
>
>> My milktoast sister does plan on consulting an attorney finally, but
>> does anyone know what she has to do to get rid of a roommate
>> (boyfriend)? She owns the home outright.
>
> Has she asked him to leave? If she's asked him to leave and he refuses to leave, then he is a trespasser. Depending on how long they've been living together though, she might have a bigger problem. That is, she might have to formally file for divorce before she can ever get married to someone else. Check common law marriage statutes for the state she's living in.
>
> But if she hasn't inadvertently married him (by common law) then he's a trespasser. Call the cops. Let the guy try to verbally abuse the cops. See how well that works out for him. :) -Dave

She has asked him to leave several times, though not very forcefully.
He just refuses and plays the mind game stuff. They have lived together
4 or 5 years, but I don't believe they can be considered common law,
since she never divorced her husband in California, though she says they
would be considered estranged since they haven't lived together for
nearly 13 years. I usually stay out of her self-created problems, but
this guy's personality has totally changed in the last couple years and
he has the potential to do some damage. Personally, I would like to use
him for target practice, but I understand that's illegal in most places.

Marsha
From: Dave C. on

> > But if she hasn't inadvertently married him (by common law) then he's a trespasser. Call the cops. Let the guy try to verbally abuse the cops. See how well that works out for him. :) -Dave
>
> She has asked him to leave several times, though not very forcefully.

Well she doesn't have to be forceful. She's the owner, her will is law. Let the cops enforce it.

> He just refuses and plays the mind game stuff.

So it's time to let him play mind games with the cops then.

> They have lived together
> 4 or 5 years, but I don't believe they can be considered common law,
> since she never divorced her husband in California,

WHAT?!? She might be a bygamist by now then. One husband the usual way, one common law. Yikes.

> though she says they
> would be considered estranged since they haven't lived together for
> nearly 13 years. I usually stay out of her self-created problems, but
> this guy's personality has totally changed in the last couple years and

That wouldn't happen unless there was some kind of self-induced chemical imbalance. In other words, has he started using drugs recently? If not, then he's always been exactly what he is now.

> he has the potential to do some damage. Personally, I would like to use
> him for target practice, but I understand that's illegal in most places.

I'm sure that would be satisfying. But you don't need to go to such extremes. Just call the cops and be done with him. -Dave
From: Rod Speed on
Marsha wrote
> Dave C. wrote
>> Marsha <mas(a)xeb.net> wrote:

>>> My milktoast sister does plan on consulting an attorney finally, but does anyone know what she has to do to get rid
>>> of a roommate (boyfriend)? She owns the home outright.

>> Has she asked him to leave? If she's asked him to leave and he refuses to leave, then he is a trespasser. Depending
>> on how long they've been living together though, she might have a bigger problem. That is, she might have to
>> formally file for divorce before she can ever get married to someone else. Check common law marriage statutes for
>> the state she's living in.

>> But if she hasn't inadvertently married him (by common law) then he's a trespasser. Call the cops. Let the guy try
>> to verbally abuse the cops. See how well that works out for him. :)

> She has asked him to leave several times, though not very forcefully. He just refuses and plays the mind game stuff.

> They have lived together 4 or 5 years,

Then she has a problem. He isnt just a trespasser in most jurisdictions.

> but I don't believe they can be considered common law, since she never divorced her husband in California,

Thats not relevant to common law/defacto relationships.

> though she says they would be considered estranged since they haven't lived together for nearly 13 years.

And thats the critical part.

> I usually stay out of her self-created problems, but this guy's personality has totally changed in the last couple
> years and he has the potential to do some damage.

> Personally, I would like to use him for target practice, but I understand that's illegal in most places.