Just looking for some advice!

Hi everyone just looking for some advise. My friend recently moved into her partners house with her child which her partner wasn’t fully moved into until she moved in. However things have taken a turn and now her Ex partner is kicking her out with her child. She’s been given two days to get everything out of the house with nowhere to go as she sold her previous home. She just wants to know if her ex partner legally has to provide her with an eviction notice or can she legally just kick her out with nowhere to go with a child? I just want to make it aware The child is only 3 years old and is settled into preschool within the area. Shes moved her whole life over for her ex partner and now has nowhere to go. Thanks

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He has to go to court and get a 3 day or quit. Otherwise they can stay as long as they want 1

Maybe not but I wouldn’t want my child around someone who could potentially become aggressive if they don’t get their way.

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Depending on the state…for here in WA I have been told if they get mail at the address , would have to provide 30day notice. I can’t say i confirmed it with an attorney but that’s what I’ve previously been told by others

He can kick her out whenever he wants

It will probably depend on the state but if she gets mail there then he may have to go about it a more official way. May need to give her an eviction notice or something like that. It’s possible he could change the locks on her when she leaves and im not sure what the cops will do, they may say go to court.

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I would tell her to call legal aid and ask them. I think the rules are different if she gets mail to that address

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In most states they can’t kick her out like that if she has Mail on her name deliver to that address.
If she sold her previous home she should have some money, if that was my friend my advice will be to get out with her child ( you shouldn’t stay were you are not welcome specially if you have a child ) she can try to get a cheap motel room ,a women shelter or just go back and stay with family or a close friend, start over and learn from this awful experience.
Never ever sell your place to move with someone else unless you are protected by a legal contract/ lease or something like that

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if it’s HIS house, he can. you can put anybody out of your house that you want gone. hell i put my ex-husband out of the house and we were married when i got sick of his bs.

If she’s established residence there then he has to give her a 30 day notice.

Regardless of how many days he has to give her, why would she want her child in a place where they aren’t welcomed anymore. No need to be in danger or in a hostile place

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Tell her to get a motel, hard lesson to learn you shouldn’t be moving your child in with someone unless you know it’s 100% going to be good.

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She moved into HIS place so yes he the rights to kick her or who ever he wants out. At the end of the day it would be his choice. She sold her house!
I kicked my ex husband out the house when he had nowhere to go.
If her name isn’t on the paperwork and it’s his alone then yes he has the right kick her out!

It depends on how long she’s been there. But why would she fight to stay with her child in hand as well? That’s crazy. Its a toxic environment and she needs to go. Go sublease an apartment or get a hotel. Some hotels do monthly stays.

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depends on the state. but I don’t believe so. can she go to a shelter with the child until she can get her own place? I wouldn’t want to stay w my kids anywhere in the distraught atmosphere

In most states if she has mail and belongings there to prove she lives there, her ex will have to get a notice to quit and then an eviction notice . It would help if we knew what state this was in bc the law varies.

However, your friend should probably get her child and as much as she can and get the hell out. Get a storage unit and have some friends like you go over there while the ex is at work and get everything out. Her ex sounds like she isn’t going to play nice and that isn’t a battle a 3 year old should be caught in. If your friend sold her house she should have a pretty hefty cushion to get into a new place quickly and a hotel in the meantime .

Side note it’s really grinding my gears everyone is saying he and him assuming this is an ex boyfriend when it’s very clearly not. Not that it matters one way or another the advice is the same but…. Wow we have a long way to go in inclusivity .

Why would she want to stay in a house where she’s not welcome? Especially with having a small child. If she sold her home, wouldn’t she have a little bit of money? Get a hotel or a short term lease

I believe so, if all her property is there and her mail goes there she’s legally a tenant so a lawful eviction has to be done. However, that could be a dysfunctional living arrangement for her 3 yr old to have to witness every day. So I hope everything goes smoothly and civil until everything gets figured out🤍

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In my state, the law is anyone living somewhere for 30 plus days and/or receiving mail at the residence, cannot be kicked out without formal eviction notice. Never ever move in with anyone without a written plan/agreement about what happens if u break up. Esp when u have kids to think about. With kids u cant just blindly uproot their lives cuz it’s convenient and what u want. U need to make sure if anything happens that ur kid will have a roof over their heads. They come first. Im sure when deciding to move in everything was great. But even if u think its only a 000.001% chance itll go bad, u still have to plan for that so ur kid doesn’t have to worry about where they will be sleeping. We need to think ahead. As parents u gotta think about the uncomfortable, crappy possibilities

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Psck your thing. If you have parents or siblings ask to stay with them until you can find your own space.

Yes he can evict her but it will depend on the state.

If she sold her previous home then she should have some money to find herself, and her child a place to live. She needs to put that child first in in life and quit playing games with boyfriends.

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Depends on the state. I’d do some research.

Depends on state, and how long she’s been there.

Why pulling card that she have child? She should have been responsible enough before to not do it and now she like “ the child only 3 year old” she is responsible for the child not new partner

She can’t just put her out I’m certain every state has some sort of homestead eviction laws.

She just sold a house a few months ago, she should have the money to at the very least get a hotel until she can figure something else out. This is one of those hard life lessons. Don’t uproot your children to move across the country for a stranger.

I don’t think there is any State that you can just kick someone out without a formal eviction through the courts.
In Florida you can’t for sure.
As long as its not dangerous to stay then stay until she can find a safe place to go or until she can make arrangements to move back home with family. Hopefully sooner than later and definitely before the legal eviction date.

Nope tell him to call the police… They will tell him to go file an eviction. She should start looking for income based housing asap

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Check with the county laws - the majority of places will not allow it to legally occur.