How could I legally remove the mother of my children from my house? 13 Answers as of June 17, 2015

The mother of my son is living with me. Her name is not on the lease. We argue and cannot get along. She has been here for 3 months so far. She thinks she can stay and not pay until she financially ready to leave. We are not married. Is there a way to legally remove her from our house?

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Law Offices of Lauren H. Kane | Lauren H. Kane
If she is not on the lease, you can remove her.
Answer Applies to: Pennsylvania
Replied: 6/17/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You have to evict her by giving proper notice and filing an unlawful detainer. You can go to the self help center at your local courthouse for assistance.
Answer Applies to: California
Replied: 6/17/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Only a Judge can make that call. If not married you also need to petition for legitimization.
Answer Applies to: Georgia
Replied: 6/17/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
Yes, you can lock her out if she has no legal right to stay, but then she take the child and ask for child support.
Answer Applies to: Utah
Replied: 6/17/2015
Law Offices of George H. Shers | George H. Shers
As the master tenant, you need to find out from a local attorney whether she is a tenant or a guest and what your state law requires to evict her. But she will then probably sue you for child support, including the cost of renting another place.
Answer Applies to: California
Replied: 6/17/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If you're not married and she's not on the lease, she can only be there as long as you want her to be. However, since you're not married, unless the court has made you a legal father, she has the right to take the child with her since you haven't established your legal paternity. If you've signed the affidavit of paternity then you have evidence (a presumption) of paternity, but until a parenting plan is in place you have no right to have the child with you. So Please, go to court and get your situation properly aligned.
    Answer Applies to: Washington
    Replied: 6/17/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Send her a certified letter, return receipt requested, telling her to depart by a date, say, a week later. If she does not, file an eviction action in small claims court.
    Answer Applies to: Wisconsin
    Replied: 6/17/2015
    Durham Jones & Pinegar | Erven Nelson
    If she won?t leave voluntarily, you would need to do an eviction proceeding in court. If you win, ask the Judge for a ruling that you can change the locks and call the police if she trespasses. If she has no legal interest in the house, you could call the police now and charge her with trespassing. Once she is out, you could change the locks and keep her out.
    Answer Applies to: Nevada
    Replied: 6/17/2015
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    You can evict her.. give her a 30 day notice to quit and tell her she must move.
    Answer Applies to: Michigan
    Replied: 6/17/2015
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    You would probably need to go through the eviction process by filing an unlawful detainer action in court. You may also be able to get a restraining order and move out order if you a afraid there could be more fighting. Check with the local help service at your county court.
    Answer Applies to: California
    Replied: 6/17/2015
    The Krone Law Firm, LLC | Norman B. Krone
    File a law suit requesting that the Judge order her out of the house. Understand that you will probably have to pay child support.
    Answer Applies to: Florida
    Replied: 6/17/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, you'll most probably have to evict her. See an attorney.
    Answer Applies to: Michigan
    Replied: 6/17/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    I assume when you call her the mother of your child that you are not married. If that is the case and she is not on the lease you can evict her. You would have to follow the eviction process. It may take up to two months however that is the way you can legally get her removed from the premises.
    Answer Applies to: Florida
    Replied: 6/17/2015
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