Trespassing/Family Law question

[Mr. Habib]

I have a question for our INGO legal experts. Back story, my daughter, SIL and 3 grand kids currently live in a house that my wife and I own. They are living there rent free and there is no lease. Unfortunately, their marriage has deteriorated to the point that it may no longer be salvageable. If that time comes, I will want him out ASAP. He has a very short fuse and things could get ugly with him still there. Since there is no contractual arrangement, could he be trespassed immediately or would I have to begin eviction proceedings? We are trying to help them fix this mess, but if it goes south it probably will quickly and I would like know what my options are in advance.

 

[Brandon]

I have a question for our INGO legal experts. Back story, my daughter, SIL and 3 grand kids currently live in a house that my wife and I own. They are living there rent free and there is no lease. Unfortunately, their marriage has deteriorated to the point that it may no longer be salvageable. If that time comes, I will want him out ASAP. He has a very short fuse and things could get ugly with him still there. Since there is no contractual arrangement, could he be trespassed immediately or would I have to begin eviction proceedings? We are trying to help them fix this mess, but if it goes south it probably will quickly and I would like know what my options are in advance.

Pretty sure although not positive you will have to evict since he lives there.

Maybe a restraining/protective order...

 

[d.kaufman]

I'll second that you'll have to go thru the eviction procedure. If hes getting mail there and, I believe, just by showing all his belongings there, establish residency.

I could be wrong though

One of the INGO lawyers I'm sure will be along at some point

 

[Mr. Habib]

What if the cops show up and we show them where he hides his drugs, would that speed things up?

 

[flyingsquirrel]

Restaining order by your daughter. I'm not sure if covid restrictions are still valid but my ex could not get people to leave till they felt like it. That was 2 months ago. He is a white male so he has no rights. My 2 cents

 

[red_zr24x4]

If he has that bad of temper, have the daughter get a protective order

 

[Mr. Habib]

Restraining order is a good idea and will probably happen as well, but from experience with an unrelated matter, that took a few days to happen. I'm hoping for something more immediate if it comes to that.

 

[BigRed]

SSS

 

[churchmouse]

The way this will work if he pops a cork and manhandles her is they will remove him right there.
She will have to follow through with an order of protection against him. At that point he will have to be accompanied by a LEO to get his things from the house. If he is a psycho/druggie Let the LEO know about the drugs when they come to get him.

Wait, he can afford drugs but not pay you....seriously.....

Enabling is not helping. Please, ask me how I know this.

 

[churchmouse]

SSS

View attachment 142309

Well yeah but could you ever look those kids in the eyes again if the SSS thing was enacted.

 

[Mr. Habib]

The way this will work if he pops a cork and manhandles her is they will remove him right there.
She will have to follow through with an order of protection against him. At that point he will have to be accompanied by a LEO to get his things from the house. If he is a psycho/druggie Let the LEO know about the drugs when they come to get him.

Wait, he can afford drugs but not pay you....seriously.....

Enabling is not helping. Please, ask me how I know this.

 

[d.kaufman]

I've gotta ask if it's that concerning something will happen, do you have the room for your daughter and grandkids? Temporarily take them in and serve an eviction on him.

Cant see waiting on him to possibly cause harm to her just to get him out immediately

 

[Mr. Habib]

Trust me, he wouldn't be there rent free, or at all, if my daughter and 3 grand minions weren't. They originally lived there and helped take care of my mother after my father passed away. Now that she is gone, the plan is to get my daughter through college and into a full time career. He works full time while she finishes classes, works part time, and raises three preschool kids. A miscarriage, 3 weeks in L and D at Methodist, premature twins, six weeks in the NICU to the tune of $700k + and another kid got them in over their heads in a hurry. They do pay their own utilities, insurance, car payment, groceries, etc. so they're not completely freeloading and it is good that the house isn't just sitting empty until we decide what to do with it.

 

[Mr. Habib]

I've gotta ask if it's that concerning something will happen, do you have the room for your daughter and grandkids? Temporarily take them in and serve an eviction on him.

Cant see waiting on him to possibly cause harm to her just to get him out immediately

Yeah we have room at least for the short term.

 

[churchmouse]

Trust me, he wouldn't be there rent free, or at all, if my daughter and 3 grand minions weren't. They originally lived there and helped take care of my mother after my father passed away. Now that she is gone, the plan is to get my daughter through college and into a full time career. He works full time while she finishes classes, works part time, and raises three preschool kids. A miscarriage, 3 weeks in L and D at Methodist, premature twins, six weeks in the NICU to the tune of $700k + and another kid got them in over their heads in a hurry. They do pay their own utilities, insurance, car payment, groceries, etc. so they're not completely freeloading and it is good that the house isn't just sitting empty until we decide what to do with it.

Got it.
Understood.

 

[Cameramonkey]

I've gotta ask if it's that concerning something will happen, do you have the room for your daughter and grandkids? Temporarily take them in and serve an eviction on him.

Cant see waiting on him to possibly cause harm to her just to get him out immediately

ASAP Go pay her a visit while he isnt there. Or both not there is even better. You will want to document the current state of the property before anything goes sideways.

Take a VERY VERY VERY detailed video tour of the house, showing every wall, ceiling, floor, appliance, closet, piece of furniture, window.... etc. Ever little bump in the walls thats already there. And by VERY, I mean go Sloooooow*. Slower than you think is necessary. You have no idea how hard it is to get info from a video when it moves too fast. Like take 10 seconds to sweep from one wall to the other. Hold for 5 seconds on the appliances, etc. I know firsthand that you may think you are going slow, but when you go back to try to watch the video, you're gonna find yourself trying to rewind because you couldnt process everything visually.

Because if you have to evict him, he is very likely to take out his frustrations on your property. Having a current state of affairs documented will eliminate the "What are you talking about? I dindu nuffin. That place was a PoS to live in. Yeah, the burns in the carpet, the holes in the wall, the cut on his leather couch, the 4 broken windows, etc. were all there before. "


*ETA I just practiced on my downstairs family room. It took me almost 3 minutes to shoot every square inch of the floor, ceiling, walls and furnishings in just a single room. And even then I caught myself going too fast and had to slow down again.

 

[patience0830]

ASAP Go pay her a visit while he isnt there. Or both not there is even better. You will want to document the current state of the property before anything goes sideways.

Take a VERY VERY VERY detailed video tour of the house, showing every wall, ceiling, floor, appliance, closet, piece of furniture, window.... etc. Ever little bump in the walls thats already there. And by VERY, I mean go Sloooooow*. Slower than you think is necessary. You have no idea how hard it is to get info from a video when it moves too fast. Like take 10 seconds to sweep from one wall to the other. Hold for 5 seconds on the appliances, etc. I know firsthand that you may think you are going slow, but when you go back to try to watch the video, you're gonna find yourself trying to rewind because you couldnt process everything visually.

Because if you have to evict him, he is very likely to take out his frustrations on your property. Having a current state of affairs documented will eliminate the "What are you talking about? I dindu nuffin. That place was a PoS to live in. Yeah, the burns in the carpet, the holes in the wall, the cut on his leather couch, the 4 broken windows, etc. were all there before. "


*ETA I just practiced on my downstairs family room. It took me almost 3 minutes to shoot every square inch of the floor, ceiling, walls and furnishings in just a single room. And even then I caught myself going too fast and had to slow down again.

Word.

 

[gunrunner0]

The best thing you can do at this point is to set your daughter up with a discrete consultation with a reputable family law attorney in her area. It will probably cost up to a few hundred dollars and will likely net a substantial dividend in valuable information and advice about not only the living situation but also her options if things go south with the marriage.

 

[Mr. Habib]

ASAP Go pay her a visit while he isnt there. Or both not there is even better. You will want to document the current state of the property before anything goes sideways.

Take a VERY VERY VERY detailed video tour of the house, showing every wall, ceiling, floor, appliance, closet, piece of furniture, window.... etc. Ever little bump in the walls thats already there. And by VERY, I mean go Sloooooow*. Slower than you think is necessary. You have no idea how hard it is to get info from a video when it moves too fast. Like take 10 seconds to sweep from one wall to the other. Hold for 5 seconds on the appliances, etc. I know firsthand that you may think you are going slow, but when you go back to try to watch the video, you're gonna find yourself trying to rewind because you couldnt process everything visually.

Because if you have to evict him, he is very likely to take out his frustrations on your property. Having a current state of affairs documented will eliminate the "What are you talking about? I dindu nuffin. That place was a PoS to live in. Yeah, the burns in the carpet, the holes in the wall, the cut on his leather couch, the 4 broken windows, etc. were all there before. "


*ETA I just practiced on my downstairs family room. It took me almost 3 minutes to shoot every square inch of the floor, ceiling, walls and furnishings in just a single room. And even then I caught myself going too fast and had to slow down again.

Thanks, that's now on the plan. In addition, we have a realtor coming in for an appraisal next week. I'll have him look it over in case I might miss anything.

 

[Mr. Habib]

The best thing you can do at this point is to set your daughter up with a discrete consultation with a reputable family law attorney in her area. It will probably cost up to a few hundred dollars and will likely net a substantial dividend in valuable information and advice about not only the living situation but also her options if things go south with the marriage.

Will do.