Ex Evicted, Took her in our of sympathy--can't get rid of her (Houston: renting, motel)

[HtownLove]

Originally Posted by testmo

commonlaw has a lot more requirements than simply living together. id argue their relationship does to meet commonlaw requirements and sure sounds like they dont have a common law documents. was a common law marriage filed for the custody suit?

common law requirements are: only living there for said number of days.

when I say common law I mean British Common Law, as in descending from case law for centuries. Kinda like precedent versus legal statutes. I do not mean being common law married.

Common law - Wikipedia, the free encyclopedia

[HtownLove]

This may not apply in Texas, but this is what I am talking about:

Evicting Someone Who Shares Your Home | Legal Assistance of

It says the steps involved are:

1. Notice: Ask her to leave
2. File a writ of possession- you have to have legal rights to be there and she should not (ie you are on the lease, she isn't)
3. Get a judge to approve the writ.
4. Take the writ to the sheriff, they will come in and physically move her out.

If you invite someone into your home, you cannot use trespass laws to remove them. Licensees (such as a boyfriend or girlfriend) may have some rights to stay in your home. How long they must stay with you to get rights to stay depends on where you live. Be sure to check your local laws before taking any action. If you want them to leave, you must begin an eviction proceeding. Before you begin an eviction process, you must give them a ten day notice to quit.

again don't listen to anyone on here. get legal help.


who knows, I could be your wife giving you bad advice.

go get help from someone better able to.

[NiceGuySucker]

Nope, no common law. Not only that, but she never wanted to get married. She basically shot herself in the foot on that one. Thankfully I dodged that bullet, although I was willing and wanting to get married before the situation deteriorated.

As I said before, I am starting to do the research on this issue and will probably speak with either the lawyer who handled my case, or more likely one who deals in this area.

Without getting too much into the personal aspects of our lives, she is someone that I had been urging to get help for the last 10 years but refuses. She is clinically depressed, but refuses to acknowledge it. The last 5 years it worsened to the point where it became unbearable.

She has alienated all family and friends. There is no one who will take her in.

Not only did I win custody, but my daughter in interviews with the court stated her preference to live with me. However, this is tough on her too. While she wanted to live with me, she certainly does not want to see her mother on the streets. The household is toxic with her mother there, but the alternative is also distressing.

Sorry that I digress; this thread is not about the relationship, but instead how best to remove a 'guest' who has over-stayed whatever welcome they had.

[TimBomb]

I already went thru something like this... hot russian/kasahk/muslim/professional but jobless/illegal. this was in NYC area. I actually visited the police desk 'to ask the question' and they pretty much told me 'Honey, we will pull our cops from a bank robbery to get that B and her stuff out of your apartment. Right now if you want." Domestic violence and the likes are higher priority to them. I told my guest about my visit and then she left soon after. Well she was illegal tho

[HtownLove]

Originally Posted by NiceGuySucker

Nope, no common law. Not only that, but she never wanted to get married. She basically shot herself in the foot on that one. Thankfully I dodged that bullet, although I was willing and wanting to get married before the situation deteriorated.

As I said before, I am starting to do the research on this issue and will probably speak with either the lawyer who handled my case, or more likely one who deals in this area.

Without getting too much into the personal aspects of our lives, she is someone that I had been urging to get help for the last 10 years but refuses. She is clinically depressed, but refuses to acknowledge it. The last 5 years it worsened to the point where it became unbearable.

She has alienated all family and friends. There is no one who will take her in.

Not only did I win custody, but my daughter in interviews with the court stated her preference to live with me. However, this is tough on her too. While she wanted to live with me, she certainly does not want to see her mother on the streets. The household is toxic with her mother there, but the alternative is also distressing.

Sorry that I digress; this thread is not about the relationship, but instead how best to remove a 'guest' who has over-stayed whatever welcome they had.

when I say common law, I do not mean relationship, I am saying that is where the law comes from. It is a property issue not a marriage issue.

I know it is a tough situation. This is someone you loved and the mother of your child.

It is not going to be easy getting her to leave whether you do it by telling her she needs to leave or whether you do it by seeking legal help.

being nice isn't always the best thing to do. It sometimes bites you in the ass in the end.

hopefully you can get her into a womens program that provides housing and helps her get back on her feet.

-

[goodlife36]

Originally Posted by NiceGuySucker

I live in Houston, Tx and rent a two bedroom apartment in the Westchase area (One of the Abbey Complexes). I have custody of my 15 year old daughter and she and I are the only ones on the lease.

My ex and I lived together for 17 years, but never portrayed ourselves as a married couple. She get's no alimony, but on parting I gave her 15,000 in cash and paid her last 6 months of rent.

I basically gave her a chance to get her life together until she found steady work, but she did absolutely nothing. She was evicted from her apartment on July 3rd of this year. I took her in out of pity and the feelings of my daughter.

The biggest mistake of my like. She has been camped out on my living room sofa-bed since then, and has made no effort to move.

My lease states that an unrelated guest can stay no more than 7 days at my apartment. Well being the mother of my daughter makes this sort of hazy.

I am going out of my mind with this situation, the turmoil and the frustration.

Anyone know how I legally get rid of her? My sanity is going out the window and I feel like a trapped animal. Do I have to go through a process of eviction, or do I simply call the police? There are no utilities in her name and no financial ties between us. Technically, she is not a legal resident of the apartment, and does not have her mail forwarded there. She is so deeply in debt that she won't do mail forwarding. Thanks in advance for any advice.

Sign Me,

Desperate in Houston

I was in a similar situation several years ago when I allowed my loser ex-boyfriend to live with me. According to NYC's law, the person becomes a legal resident after 30 days. I was advised to take him to court to evict. I decided to send him a letter allowing him to live in my home for two months rent free if he agreed to leave. He complied. Luckily he had a job.

I would seek custody of your daughter and evict her via the court. Life is too short to be miserable.

[HtownLove]

Originally Posted by goodlife36

I was in a similar situation several years ago when I allowed my loser ex-boyfriend to live with me. According to NYC's law, the person becomes a legal resident after 30 days. I was advised to take him to court to evict. I decided to send him a letter allowing him to live in my home for two months rent free if he agreed to leave. He complied. Luckily he had a job.

I would seek custody of your daughter and evict her via the court. Life is too short to be miserable.

That was very smart of you.

You created a legally binding contract.
It would not have been legally binding if it didn't have the offer of free rent. A contract must be supported by consideration (a benefit for both sides).

I am hoping the Op and his guest can reach an amicable decision that is implemented peacefully and does not upset the child.

I think Texas will have very similar laws, but hopefully he can work things out without going to court like you did.

[TVC15]

Originally Posted by HtownLove

I am hoping the Op and his guest can reach an amicable decision that is implemented peacefully and does not upset the child.

That is very kind thinking but the damage has already been done.

The best advice I can suggest is move on your plan quickly and keep a clear vision of the goal in mind. Don't let her distract you with guilt, threats of suicide and her depression. Baby steps for her to gain her self esteem back and begin to feel good about herself enough to get excited about life again. Liberate her from her co-dependence on you. That is a very difficult pattern of behavior to change. It will get better if you remain clear in your goals.

And please HtownLove don't take any offense to what I am saying. It just brings back all of the horrible memories that my family had to endure watching my bother in his situation. However today the hurt from what occurred over 9 years ago is still there. His ex wife has moved on and she is making it. I love her and she is my friend.

[modster]

Texas laws on tenant rights and New York's and other states are night and day with very little similarity. I used to deal with apartment properties across 17 states at the end of my time in that business and assuming any similiarities between the different states is far from a safe assumption. Back when I was "on site" (managing the complexes directly) here we dealt with this all the time. No, it isn't that complicated and does not require an eviction. You don't have to evict someone from a place they have no claim over. You just have to place her stuff out and change the locks. She can't get back in. If she tries and you show the police the lease, they will make her leave. Now getting them to do the "throwing out" part might be more difficult. In that case you might ask the apartment manager if the on-site courtesy officer can get involved.

[cheryjohns]

I have several friends in apartment management - and they all would say the exact same thing as modster. You do not need an attorney. Just do it.