Legal Adivce needed to remove roommate (Tulsa, Mounds: rental, attorney, house)

[jlb2959]

I have a relative living in Tulsa who owns her own home. She's had a roommate living with her for the last couple of years with no written rental agreement or contract. She wants the roommate to move out, and the roommate refuses. Can my relative get a court order to have this person legally removed from my sister's home? Thanks for any advice you can give

[Goodpasture]

Of course

Have her put it in writing, the tenant has 30 days to vacate.

One minor question, is the sister living with the other party and possibly considered a spouse? If so, and they have co-mingled incomes, it becomes a lot more of a problem, and they may have to divorce.

[BigOkie]

Originally Posted by Goodpasture

Of course

Have her put it in writing, the tenant has 30 days to vacate.

One minor question, is the sister living with the other party and possibly considered a spouse? If so, and they have co-mingled incomes, it becomes a lot more of a problem, and they may have to divorce.

I thought Oklahoma nixed common-law marriage a few years ago.

[Goodpasture]

they did, for the most part. But if there is commingling of assets then to split it, will take an amicable agreement (which this does not appear to be) or he courts will have to determine it. Whether or not it is a true divorce, is irrelevant. That an attorney should be called is undeniable.

[LadyRobyn]

Originally Posted by BigOkie

I thought Oklahoma nixed common-law marriage a few years ago.

I thought HB 1455 died in the Senate. Did they re-write it and get it passed?

[jlb2959]

Thank for the advice. It's actually a girlfriend and I don't believe there's been any co-mingling of assets. She just needs to leave and refuses to. I want to make sure that when the girls is forced to leave, and causes some problems, the police are able to assist in having her removed from my sister's house. If there are legal issues (sorry I am a novice to this type of domestic dispute) then we need to have a plan, court order, whatever, to get the girl out of the house. Again, my sis owns the home and as far as I know, they have NOT had any co-migling of assets.

[Goodpasture]

Let me preface this by saying I am not an attorney and my advice is only that from a layman without intimate knowledge of the law. For legal advice she should seek an attorney that specializes in her type of situation.

That said, however

She can call the police and have her removed. I assume you are stating your sister has a girlfriend and now the sister wants the girlfriend to leave, for what ever reason and that your sister owns the house and the girlfriend has no interest whatsoever in the house?

Oklahoma does not recognize same sex relationships as binding. As soon as the owner of the house tells an unwanted visitor to leave, that visitor is required to vacate the premises. If there is a fear of violence or vandalism, then the police can be called and they will remove the offending party. If they persist in not leaving, they can be charged with trespassing, at which time they will be taken into custody. As to the "stuff" that belongs to the unwanted visitor, your sister should box it up and put it on the porch. If it is not removed within a reasonable period of time, that stuff can be set out for trash day or disposed of. If there is a question of ownership (ie: she claims the stereo that your sister bought) she has the right to prove ownership by producing positive evidence of ownership in small claims court. She does not have the right to re-access the premises to collect her property if your sister puts it on the porch for her to pick up. If the visitor says something is missing, she should file a claim with the police, who will investigate, and if your sister claims it as hers and not the visitor, it will be up to a judge to decide.



PS: I've NEVER stayed in a Holiday Inn Express................

[DogLover99]

And in all future dealings, get it in writing!

If you aren't married to someone, don't share funds.

If you aren't married and want to live together, have a contract!

If you have a contract, enforce it! In this situation, if they had drawn up a rental agreement but the owner never collected rent in three years, the contract is weakened (if not voided).

As for this situation, I might be tempted to wait until the unwanted roomie is away, carefully pack everything up (with credible witnesses), and move it out. Change the locks. Watch over the stuff, don't let anything happen to it, but get it out of the house. While a completely cruddy thing to do, it will save MOUNDS of trouble in the long run.

Years ago, I would have written a letter and asked them nicely to get out. And given 30 days, then another week, then another one.

We've been so screwed over by people in this kind of situation, the above is the way I'd handle it!

[jlb2959]

DogLover99 and GoodPasture,
Thanks for all the advice. This is really what we needed to here. My sis has been undergoing several medical issues the last two years, and I think the girlfriend has been taking advantage of her incapacity to physically remove her. I'm planning on coming down to Tulsa and helping in the removal and just needed some experienced voices as to how the law works in Tulsa and how difficult my job would be if there is any friction.
I think you answered all my questions. God bless everyone who responded to my question! Take care.

[DogLover99]

It's a cruddy situation, all around for you. Hope it all works out.

My advice would be as decent as you can, treat the roomie with respect, but get them out of the property.

When they call the sheriff (and they will), there's not much they can do. As long as the roomie has no right to the property and nothing in writing that says she does, it's a civil matter and the police can not enforce anything.

Again, just be decent and make sure you can look yourself in the mirror the next day. From the roomie's point of view, you're about to turn their world upside down. Try to see it from their perspective as well.