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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default How to Evict a Family Member

    My spouse currently has a situation whereby here father is occupying a house in Ohio (living there but paying no kind of rent or utilities) and refuses to leave the house to the point of breaking communication when confronted (hangs up the phone and will not pick up when recalled).

    My spouse and her uncle (her uncle is fully dependant financially on my spouse and I due to mental disability) who also resides at this location are listed on the title of the house, my spouse's father is not.

    Legally what rights does she have or what kind of process is required to:
    1 Remove him from the residence.
    2 Ensure that he does not return.

    Thankyou for your help.

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Eviction of Family Member in Ohio

    From what I understand, no rent, no lease, not a legal tenant and therefore no right to be in the home, unless invited to stay. What does the co-owner (her uncle) say about the matter? If the uncle doesn't want him out, then your spouse is in for a legal battle to have dad removed. another question is whose name/s is/are on the deed to the home?

    If he is in agreement with your spouse, contact the police and the father removed.

    Answer to 2. If/when he's out, change the locks.

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Eviction of Family Member in Ohio

    The uncle doesnt want him there either and we have that in writing from letters.

    Secondly only my spouse and my uncle's names are on the deed for the house, she also has power of attorney over her uncle in order to take care of him and his finances remotely. We dont live nearby.

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Eviction of Family Member in Ohio

    Then your spouse and the uncle has every right to throw him out and change the locks.

    If he won't budge, then it's time to contact the police/sheriffs department and have him removed.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Eviction of Family Member in Ohio

    If your father-in-law has established the home as his legal address, you should anticipate that the owner of the property will have to formally evict him even if he's not paying rent.

  6. #6
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Eviction of a Family Member in Ohio

    By legal address do you mean has personal mail sent to this location or is there some other way that he makes the location his "legal address".

    And thanks for the advice on where to start to get this ball rolling its really appreciated.

    My spouse contacted a local lawyer who instructed her that it wasnt a case of eviction and because of this he would require a $2000 dollar retainer to quote "research" the correct course of action. It seemed like his knowledge pertaining to this kind of matter was limited.

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