Can my boyfriend kick me and my daughter out without notice?

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Latest post 03-03-2012 11:25 AM by Drew. 15 replies.
  • 02-29-2012 9:18 PM

    Can my boyfriend kick me and my daughter out without notice?

    Asked in Jonesboro, AR - about 2 hours

    I have been with my boyfriend since my 19 month old daughter was 3 months old. I quit my job to be a 'housewife' to him and his 3 children. Incidentally, I got a USDA loan with both of us as occupants but him as the actual 'borrower' and now he's trying to kick us out, he changed the locks today. All the furniture in the house is 90% mine, what are my rights in this situation? I have no home, no job and a baby (from a previous relationship) When I called the sheriffs department they literally told me to just break in because I lived there...

  • 02-29-2012 9:36 PM In reply to

    • Drew
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    Re: Can my boyfriend kick me and my daughter out without notice?

    You need some AR specific legal help like now.

    In many jurisdiction one can merely boot a houseguest who has worn out the welcome mat.

    It is quite unclear if you have any legal right to be there .  And to break in invites getting arrested or shot.

    The sheriffs departments advice needs a lot of salt.



  • 03-01-2012 10:49 AM In reply to

    Re: Can my boyfriend kick me and my daughter out without notice?

    He cannot just kick you out..you live there. The Sherrif is right. You areprobably  free to break in that house or call a locksmith. Is your name on just the mortgage of the house or the deed too? Your boyfriend needs to familiar himself with the law and no law allows him to just boot you out with no notice. You might want to see if there are any friends or family you can stay with eventually. It is going to be uncomfortable in the house. You are free  to move your belongings out anytime. You need to find out how muc legal interest you have in the house. Why would you put your name on the loan and not the house? If you are on the loa as a co borrower then that house is just as much yours as it is his. If you are only on the mortgage, then you are going to have to take him to court and have him refi the house and remove your name off of it. Good luck

  • 03-01-2012 12:33 PM In reply to

    Re: Can my boyfriend kick me and my daughter out without notice?

    No I'm not on the actual mortgage, I am just the one that applied for the USDA loan and to qualify for that loan I was included as an occupant. I don't really understand how that works. I don't want to stay here, it's just that I have nowhere else to go at this particular time. I need a couple weeks to get things in order and I have no money at all, all I have is in the house so I was planning on selling some of my furniture and stuff but I'm locked out now and I just don't understand how it could be legal for him to do this when it's my legal address and the only reason I didn't work was because I was taking care of his kids. I know these things are ridiculously complicated, I'm really just desperate because I've been on my own my entire life until now and I can't comprehend that someone could legally live with someone and then just kick them out on the street with a baby

  • 03-01-2012 1:10 PM In reply to

    • Drew
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    Re: Can my boyfriend kick me and my daughter out without notice?

    It is UNSAFE to assume the Sherrif is right --at the very least you want your own paid counsel/legal aid attorney to advise you.

    Unless you are on the lease or have some sort of oral or written lease status or are on the deed you simply might have all the rights of a guest who as overstayed the welcome mat.

    I can see where one might make a point that you are a tenat with an oral lease --but before you assume thats correct--you need a lawyer not just the Sherrif to comment.



  • 03-01-2012 1:23 PM In reply to

    Re: Can my boyfriend kick me and my daughter out without notice?

    Well if I had enough money for an attorney then I'd have enough to get somewhere to live. The only assets I have are in the house. 

  • 03-01-2012 1:36 PM In reply to

    • Drew
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    Re: Can my boyfriend kick me and my daughter out without notice?

    Used furniture probably has very modest resale value - that may be a very poor  issue to pick a fight about  if it turns out you are wrong  and the next call is to bail bondsman. Even if you enter the premises--what do you do next? Game plan?

    At least around me there are some firecracker female legal aid attorneys or female attorneys who address battered womens issues that know how to punch buttons  and a few para legals in womens shelters who seem to know many a rope--you need to find one of those kinds of helpers pronto....



  • 03-01-2012 1:56 PM In reply to

    Re: Can my boyfriend kick me and my daughter out without notice?

    Are you getting child support from the baby father? If not time to file for it. You also should apply for food stamps and all the help you can get. Keep in mind that if you go on any government aid you are going to have to file for child support. Call legal aid aid to see if someone can help you. You need to get access to the house and tell this man you are not leaving just yet and you will need a few weeks to get your stuff together. legally he cannot just kick you out. Start getting your act together....income..job...child care if needed. Are there any friends or family you can stay with? will the sheriff at least come over and tell this man he cannot block access to the house since you are an occupant?

  • 03-02-2012 4:29 PM In reply to

    • DPH
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    Re: Can my boyfriend kick me and my daughter out without notice?

    bcauseirock:
    I'm really just desperate because I've been on my own my entire life until now and I can't comprehend that someone could legally live with someone and then just kick them out on the street with a baby

    If you've been on your own your entire life then in theory you should have experienced something negative in the past.  That said, get yourself back in the house and tell your friend that as of immediately he can take care of his own kids, clean the house, wash the dishes, etc. and when you decide to move you'll let him know.  If he doesn't like it, tell him tough.  Yes, it won't be easy and he will likely yell and scream.  If he does and gets abusive, call the cops on him and see who gets to leave the house that night.

    bcauseirock:
    I am just the one that applied for the USDA loan and to qualify for that loan I was included as an occupant. I don't really understand how that works.

    Something is wron.  If you applied for the loan and one was granted, you certainly had to sign something.  Find the paperwork and educate yourself.

    Grow a backbone and stand up to the jerk.  Tell him if he wants to leave to go for it.  If he gets abusive, call the cops.   Good luck.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 03-02-2012 10:05 PM In reply to

    Re: Can my boyfriend kick me and my daughter out without notice?

    Ok well I did a variation of all of the advice and at least got my girl back in her crib to sleep at night. I got food stamps so that helps a lot, but there's a 18 month waiting list on government housing and child care so I'm trying to figure out how to get a job and pay for child care at the same time. No child support, I'm the poster child for 'why not to have a 1 night stand when you're in Little Rock at a concert' so I'll just throw that in my already awkward redneck situation lol. Anyway, I actually have a ruptured disc in my back and also have to have surgery and have been trying to ignore it but made it worse. My sister lives here and I have friends that would 'take me in' but as I mentioned and someone else acknowledged, I did sign paperwork and was working when we got this house. I know they didn't check my credit or anything, but I had to fill out a ton of stuff so I know I have some rights to occupy the home. I have a ton of experience and used to make a substantial amount of money before I signed up for the housewife gig so I guess that's what the real problem is. I can afford everything on my own if I can get back working again. His mother owns a daycare but 'mawmaw' has wrote us off as well. By furniture I'm talking about really nice furniture, but you're right, I've tried to sell it and haven't had anyone want to pay even more than $200 for my 42" LCD TV so that route is not an option. Anyway, I'm really not fishing for sympathy, I'm just trying to figure out how to protect what little assets I have left and if I do have as much right to be here as he does then we should at least be able to take turns or something. He finally let me in but I don't have a key so he could just do it again and I'm not into this instability and drama. SO I will find that paperwork Monday and find someone who knows something about lawyers in the area. Thank you everyone, this really did help me and I truly appreciate it. 

  • 03-02-2012 10:19 PM In reply to

    • Drew
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    Re: Can my boyfriend kick me and my daughter out without notice?

    Apparently your child is not his child--then there is no reason he owes that child a roof over his/her head. While some here keep calling you an occupant --thats not necessarily true or something that gives you any protected status... a guest whose welcome mat has wron out can be booted with so required due process...most places anyway.  Your stuuf should be returned to you at most any time by reasonable request --its not his to keep but remains yours--and he is a "bailee" responsible to give it reasonable care unil you get it.

    Now if you have some sort of rental agreement and were paying rent of any sort you might well be a tenant and entitled to whatever right any other tenant has in your state.



  • 03-02-2012 11:18 PM In reply to

    Re: Can my boyfriend kick me and my daughter out without notice?

    No, not his child by DNA but he has been with her since she was 3 months old and called her his daughter. Clearly that doesn't hold any weight legally and moral obligations are definitely not a factor in a situation like this so I'm not hoping to gain anything based on that relationship.  All I'm really trying to figure out is what rights I have to the house while I get my life back together since I have $0. If I have no rights at all then I'll suck it up and do what I have to do. My real concern is stability for my daughter, her crib and all that junk that goes along with having a 1 year old is in the house and she hasn't been eating or sleeping since he did this. If she does it's very little and she wakes up screaming. If I'm just a simple 'guest that's worn out the welcome mat' then so be it, I will do what I have to do but if he has to give me some kind of notice and allow us to enter, exit, and re-enter then I'd like to know about it so I can get things in a due process. I would rather have like an eviction notice or something  because at least then I would know I had 15 days. I just can't find any kind of document on Arkansas law that I can give to him stating I don't have to get his permission to come back in the house after going to get a gallon of milk. Does that make sense, I feel like I'm rambling now?  I will try to find a pro-bono lawyer Monday and hopefully get some answers. 

  • 03-03-2012 11:16 AM In reply to

    • DPH
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    Re: Can my boyfriend kick me and my daughter out without notice?

    bcauseirock:
    I just can't find any kind of document on Arkansas law that I can give to him stating I don't have to get his permission to come back in the house after going to get a gallon of milk. Does that make sense, I feel like I'm rambling now?  I will try to find a pro-bono lawyer Monday and hopefully get some answers. 

    Since you obviously can't figure this out on your own, especially the part about what you signed loan wise, etc, get yourself to an attorney and get some good local advice.  If you are in LR, go to a woman's shelter to see if they can offer some assistance or guidance.  It is beyond me why you had to do anything with a loan if you have any interest in the house.

    My advice stands, grow a backbone and stand up to the jerk.  Get a set of keys so that you are not a prisoner in the house.  If he tries to throw you out or gets abusive, call the cops.  Unless you start being proactive, he will keep you right where you are today until you finally wimp out completely and move out, which is what he wants you to do.  No muss, no fuss.

    bcauseirock:
    All I'm really trying to figure out is what rights I have to the house while I get my life back together since I have $0.

    Then figure out a way to get some legal advice, get the loan papers, house papers, whatever and have them reviewed.  Borrow money from your sister or whoever if you have to pay for the advice.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

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