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Odd Situation Regarding Ex-Husband

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Latest post Wed, Sep 9 2009 1:47 PM by Drew. 2 replies.
  • Sat, Sep 5 2009 5:09 PM

    • JJWise09
    • Not Ranked
    • Joined on Sat, Sep 5 2009
    • OH
    • Posts 2

    Odd Situation Regarding Ex-Husband

    I am in an odd situation.  I have contacted numerous groups in my town and no one can give me an answer.  Please help me.

    My ex-husband contacted me via email for the first time in four years.  He wanted to have a relationship with our children.  Having talked with him and found that he was sober and taking medication for issues he has, I allowed him to come for a visit.  That visit lasted 3 days in April.  His next visist was scheduled for late April/ early May.  Instead of a visi, he decided that he should just make the leap and move to my town.  (Which I told him, he needed to get to know the children and find a job as the job market is very bleak here.)  He moved here any way.  Not having a place to stay I told him he could stay with me until he found a job.  All the while behind my back he was telling our children that he and I would get back together, getting thier hopes up. 

    When it became obvious that he was not going to find a job here, he called an ex employer to get his job back.  They agreed and told him that the job would be starting again soon.  A month went by.  He received a phone call that his wife (whom he was seperated from but not divorced from) was in a car accident and passed away.  He went back to his home state to deal with the funeral.  I was under the impression that he would be staying in his state and start working soon.  However, within a week he was back in my state.  I allowed him to come back.  Still under the impression that he would be taking his things back to his state within a week or so. 

    Since his return, he has stolen my spare keys to my garage and home (which I had in my junk drawer).  He started disappearing on a regualr basis.  When he would show up he was angry and began yelling at our children constantly.  So much so, that my youngest told a family friend that she was afraid of her dad.  That day, I told him he needed to leave that he had 30 days to leave.  Since that time, he has admitted to using heroin, methadone, morphine, etc.  I told our children that he is to never be alone with thier father.  He has since stopped sleeping at my home, but comes into it on a daily basis to get clothes, etc.  He is never in my home when my children and I are there. He is now staying with a woman two houses down from me.  I have told him several times to get his things out of my home, which he will not respond to.  He refuses to speak with the children when he sees them on the road.  He yells at them in front of neighbors. I was told by the police that I could not move his things out. 

    My question is, can I just take his things to a storage facilty if I inform him?  The fact that he is not living at my home, but his stuff is still there, is my home considered his home?  Do I have to evict him?

  • Mon, Sep 7 2009 11:57 AM In reply to

    • Ford
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: Odd Situation Regarding Ex-Husband

    You have to assume he's a tenant because if you treat him as a guest and boot him, but he's actually a tenant, then you can be liable to him for damages.

    You can pay him to go away.  Document that, and he gets paid when his stuff is out of the residence.  Change your locks.

  • Wed, Sep 9 2009 1:47 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Odd Situation Regarding Ex-Husband

    I agree you should not just boot a tenant--but its not at all clear if under the Ohio L-T laws this guy is a tenant--you would be wise to read, print out a copy of this 1974 law , study it and review it with local counsel--if guy is not a teant as defined by said law you probably are on safe grounds to merely boot him, serve notice consistent with OH trespassing laws, and if he is on premises againcall cops andseek arrest based on trespassing.


    If he is living with wonam two houses down that goes a long way to suggest he is not resident in your home!


    I suggest you sort out how to change locks and keep him out before she boots him!


    Why would you pay  money to take his stuff to storage---you look up rules (after you have sealed him out) and notice him that stuff he has stored now runs a $20 a day storage fee or wahtever --and you let bill mount ---??

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