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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Eviction Of Live-In Partner

    My question involves an eviction in the state of: Ohio

    I have lived with this person for about 24 years. We have never gotten married. We have a 21 year old daughter who is in college in another state.
    I own the house that we live in and I have asked him to leave. When I told him to leave, I gave him 15 days to leave. The 15th days where up on May 31st. He did not leave. On June 1st I told him I wanted him to leave that day and he said he was not ready to leave and he was not going to leave. I called the police and they told me because he has lived here and receives mail here and has id with this address they could not make him leave. They explained I would have to evict him. My questions is: Do I give him a Three Day Notice to Leave the Property or a 30 Day Notice to Leave the Property?

    Thanks!
    MsCD

  2. #2

    Default Re: Eviction Of Live-In Partner

    1923.04. Notice; service. - Ohio Eviction Law

    (A) Except as provided in division (B) of this section, a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at his usual place of abode or at the premises from which the defendant is sought to be evicted.

    Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."

    1923.06. Summons; service of process. - Ohio Eviction Law

    (A) Any summons in an action, including a claim for possession, pursuant to this chapter shall be issued, be in the form specified, and be served and returned as provided in this section. Such service shall be at least seven days before the day set for trial.

    (B) Every summons issued under this section to recover residential premises shall contain the following language printed in a conspicuous manner: "A complaint to evict you has been filed with this court. No person shall be evicted unless the person's right to possession has ended and no person shall be evicted in retaliation for the exercise of the person's lawful rights. If you are depositing rent with the clerk of this court you shall continue to deposit such rent until the time of the court hearing. The failure to continue to deposit such rent may result in your eviction. You may request a trial by jury. You have the right to seek legal assistance. If you cannot afford a lawyer, you may contact your local legal aid or legal service office. If none is available, you may contact your local bar association."

    (C) The clerk of the court in which a complaint to evict is filed shall mail any summons by ordinary mail, along with a copy of the complaint, document, or other process to be served, to the defendant at the address set forth in the caption of the summons and to any address set forth in any written instructions furnished to the clerk. The mailing shall be evidenced by a certificate of mailing which the clerk shall complete and file.

    In addition to this ordinary mail service, the clerk also shall cause service of that process to be completed under division (D) or (E) of this section or both, depending upon which of those two methods of service is requested by the plaintiff upon filing the complaint to evict.

    (D) (1) If requested, the clerk shall deliver sufficient copies of the summons, complaint, document, or other process to be served to, and service shall be made by, one of the following persons:

    (a) The sheriff of the county in which the premises are located when the process issues from a court of common pleas or county court;

    (b) The bailiff of the court for service when process issues from a municipal court;

    (c) Any person who is eighteen years of age or older, who is not a party, and who has been designated by order of the court to make service of process when process issues from any of the courts referred to in divisions (D)(1)(a) and (b) of this section.

    (2) The person serving process shall effect service at the premises that are the subject of the forcible entry and detainer action by one of the following means:

    (a) By locating the person to be served at the premises to tender a copy of the process and accompanying documents to that person;

    (b) By leaving a copy of the summons, complaint, document, or other process with a person of suitable age and discretion found at the premises if the person to be served cannot be found at the time the person making service attempts to serve the summons pursuant to division (D)(2)(a) of this section;

    (c) By posting a copy in a conspicuous place on the subject premises if service cannot be made pursuant to divisions (D)(2)(a) and (b) of this section.

    (3) Within five days after receiving the summons, complaint, document, or other process from the clerk for service, the person making service shall return the process to the clerk. The person shall indicate on the process which method described in division (D)(2) of this section was used to serve the summons. The clerk shall make the appropriate entry on the appearance docket.

    (E) If requested, the clerk shall mail by certified mail, return receipt requested, a copy of the summons, complaint, document, or other process to be served to the address set forth in the caption of the summons and to any address set forth in any written instructions furnished to the clerk.

    (F) Service of process shall be deemed complete on the date that any of the following has occurred:

    (1) Service is made pursuant to division (D)(2)(a) or (b) of this section.

    (2) Both ordinary mail service under division (C) and service by posting pursuant to division (D)(2)(c) of this section have been made.

    (3) For service performed pursuant to division (E) of this section, on the date of mailing, if on the date of the hearing either of the following applies:

    (a) The certified mail has not been returned for any reason other than refused or unclaimed.

    (b) The certified mail has not been endorsed, and the ordinary mail has not been returned.

    (G) (1) The claim for restitution of the premises shall be scheduled for hearing in accordance with local court rules, but in no event sooner than the seventh day from the date service is complete.

    (2) Answer day for any other claims filed with the claim for possession shall be twenty-eight days from the date service is deemed complete under this section.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Eviction Of Live-In Partner

    It may not be that simple.

    After 24 years, you guys ARE considered married in the eyes of the law...

    Does Ohio recognize Common Law marriages?
    YES and NO. A Common Law marriage entered into in Ohio before October 10, l991 constitutes a valid, legal marriage in Ohio. After October 10, l991, new Common Law marriages are prohibited in Ohio.
    What terms need to be met for a Common Law marriage in Ohio?

    The six essential elements of a Common Law marriage in Ohio are:

    • a mutual agreement of marriage "in praesenti" (presently);
    • made by persons competent to marry;
    • followed by cohabitation (including a sexual consummation of the marriage);
    • a holding out to the public that the parties are actually husband and wife;
    • a reputation in the community that the parties are husband and wife; and
    • that the Common Law marriage was entered into before October 10, l991.
    Therefore, you would no more be able to "evict" him than you would be able to evict a regular husband.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Eviction Of Live-In Partner

    Quote Quoting cyjeff
    View Post
    After 24 years, you guys ARE considered married in the eyes of the law...
    Ennnh...only if they've been holding themselves out as married.

    You're not automatically married by dint of co-habiting long term, having sex or even having children together.

    OP, did y'all ever refer to each other publicly as "my husband" or "my wife"?

  5. #5

    Default Re: Eviction Of Live-In Partner

    I'm looking at this from his side, because your feeling that you can evict your live in partner of 24 years with a 15 day notice is a little absurd in my view.

    I agree with the previous poster's comments that you aren't common law married just because of time, but you have so much history together a court may very well consider you to be married!

    If I were him I would be taking aggressive legal action. I would attempt to declare myself common law married and go after the equity in your house. I would request a hearing for the eviction to drag it out. I would find bank statements to show I wasn't paying rent, but was supporting half the household. In essence, I would find enough evidence to show a common law marriage does indeed exist and ask for a court order to be given half the equity in the house.

    I feel you are handling this all wrong. I feel it isn't humane to kick someone out on 15 days notice who's lived with you for 24 years and a lot of judges might side with him.

    I feel your better option is to peacefully negotiate a settlement with him. Trying to abuse the eviction law to evict someone who is in essence your husband may backfire on you.

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