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  1. #1
    Join Date
    Nov 2006
    Posts
    11

    Exclamation Conflict with Mother Over House

    This is the right area to be posting, but I am DESPERATE, and would really like some kinda advice.....I was living in the state of NC for about 4 months, (moved there from another state). I let my mother come with me, to give her a chance, to help her get on her feet....Well to make a long story short, she stole over $2,000 & dvd's & other misc electronics off of me, told everyone that it was HER house, and I was just there to pay the bills, etc etc...the list goes on and on....I was fed up, we had our battles, the cops were called because of the things she stole, and what not. I made up a very detailed eviction notice and got it notorized. It was sent certifed letter as well. It gave her 30 days to get movin, its not like she couldnt have done it, me and my fiance were able to clean, pack, move and find another place to live within the same amount of time, not only that, but she left quite the mess in the house, she didnt do dishes and what not. well anyways, we moved in the same amount of time we gave her. We now have the house up for sale, BUT SHES STILL LIVING IN IT! (( she was to be out @ the end of September)) Shes not letting people view the house, the house is a MESS from what they are saying when they finally are able to view it and I need to know what I can do to get her outta there, shes being hateful, please any advice would be wonderful...THANK YOU!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: not sure if ...

    North Carolina's landlord-tenant laws are here, and the governing eviction statutes appear to be these. Why not proceed with eviction?

  3. #3
    Join Date
    Nov 2006
    Posts
    11

    Question Re: not sure if ...

    Thanks for showing me those links Aaron, but Im not sure I even understand what they are saying. I can read them, but not understand them. Even though the house was in my name, her name was just on the house as secondary, and it wasnt like a married couple would be like a joint type thing, her name was on there so I could get the mortgage loan. I was told by my cousin that since I was the main person on the house, that She was like a tenant to me, and I the landlord. So what Im asking is, was the eviction notice that I gave her, that was notorized not anything legal? Should she have abided by it, or no?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: not sure if ...

    Quote Quoting Jalapeno27
    View Post
    Even though the house was in my name, her name was just on the house as secondary, and it wasnt like a married couple would be like a joint type thing, her name was on there so I could get the mortgage loan.?
    what is her name on? the mortgage or the title?

    If it is on the title, she would have the same rights to the house as you.

    If it is on the title, tell us how it is worded.

  5. #5
    Join Date
    Nov 2006
    Posts
    11

    Default Re: not sure if ...

    Unfortunately, my mother has the deed and everything else...After we had our outs, she put a "no tresspassing" sign on her bedroom door, so I couldnt get in. She has my birth certificate and everything, a lot of the stuff she stole from me, etc...But from what I can remember, on the deed she is listed as a "co signer" and I am the primary person on the deed, she is also a co signer on the mortgage too.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: not sure if ...

    The deed should be on file with the county register of deeds. A deed wouldn't have a "co-signer".

  7. #7

    Default Re: Conflict with Mother Over House

    What you need to do is to go to the courthouse and get a copy of the deed. Then take that to an attorney and have him explain your rights. You may need to contact the Sheriff and have a deputy accompany you to the house to retrieve your belongings. If she is on the deed you cannot evict her, you will have to start a partition suit to have the house sold.

  8. #8
    Join Date
    Nov 2006
    Posts
    11

    Default Re: Conflict with Mother Over House

    The thing is, we told her we were moving out of state (10 hours away) and gave her 30 (and a few extra days notice) to be out, because we were putting the house up for sale. She said "I only need a few weeks" and she had started packing. But our real estate agent told us that she is still in the house because someone went to show the house and she wouldnt let them show it. Even though we have the key locked and attached to the front door. She was to be out a long time ago, the end of September. I dont have any money to travel back to NC, to really handle that kind of business. So Im kinda at a loss right now, any advice?

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Conflict with Mother Over House

    Sure. Find out who's name is on the deed and how ownership is held.

    As others have told you, if mom is on the deed as owner as well as you, there isn't much you're going to do about mom living there and you can not sell the house without her agreement or a lawsuit to force the sale.

    Get the needed info.

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