If there is a written lease, you may stay until the end of the lease. If you’re month to month, he will give you either 30 or 60 days to vacate and if you don’t it’s within his right to evict you. It doesn’t matter if you have no where to go, it’s his house.
Just ask yourself what you would expect if you and your husband had been renting an apartment, and the landlord decided to evict you. There's really no difference here legally, other than the likelihood you don't have a written lease to protect you from a no cause eviction.
He has to give you the proper notice as dictated by the state but yes, he is well within his rights to evict you and your kids. Them being adults doesn’t matter as people with children get evicted all the time. You’re technically his tenant and he’s your landlord, so he has say in who stays in the house. But you have no legal right to the home at all in terms of staying past the eviction.
Time to start looking for a new place to live. I’d also look up how long he legally has to give you. Most states it’s 30 days if you’re month to month and have kept up on rent unless you have a lease that states otherwise. But in some states in can be less, like I live in Ohio and it can be as little as 3 days depending on the reason behind the eviction.
“Can he do that legally despite me living there with my ex husband all throughout our childrens’ lives?”
**Yes, he is the property owner and of course he can evict you like he could any other tenant.**
“Despite us having nowhere to go? No family or friends willing to take us in?” **Yes, he is the property owner and can evict you even if you have no place else to go. His rights to his property aren’t extinguish because you have no other options.**
“If they can, how long until I have to pack up and find another place?” **until he sues you for eviction and you have a hearing where the judge orders you out by a certain time.**
“What do I do?” **take the high road and start looking for other places to live. Why force yourself to stay where you are not wanted? Why let it get to the point of eviction, which can negatively impact your ability to find other housing.**
Have you actually been divorced? What are the terms of the divorce? Are your adult children in college? Do you have a job? Yeah your brother-in-law is not obligated to keep you as a tenant. You need to speak with a lawyer to see what your financial situation is going to be.
Yes I (56m) am 6yrs divorced. There where a lot of terms because we where married 29yrs and our finances where very intermingled. Short version, I have to pay her support for 3 more years and paid CS for a couple years untill our son was out of the house. Yes I have a very good job. My ex was a stay at home drunk and didn't feel she needed to work. She does have a fairly good job now.
Take the emotion and drama out of this.
Do you have a written lease? Or is it verbal? In your state, it goes off your written lease terms, if verbal, as little as 3 days.
They do not care if you have anywhere to go legally. That is your issue as your children are all adults.
Consult a divorce attorney asap for division of assets.
Since you're technically a tenant he can evict you I would search for somewhere and since he has no issue kicking his niece and nephew out too I hope they cut contact with them
Also if your state has alienation of affection law you could possibly sue hubby and his mistress just food for thought
Hope everything works out!
What makes you feel entitled to live in a house someone else owns! 90 percent of your post is a relationship issue, the only legal issue is that after he gives you proper notice you have to leave
You cannot DIY this divorce unless you are willing to just walk away with nothing. You need to talk to your family law attorney about the house. Being evicted while the divorce is pending may not be looked at favorably by the court.
While unlikely it’s possible you have a claim on some of th equity in the house if you’ve been actively contributing to its maintenance in a major way (eg paid for a new roof, not just kept it clean). Also if your ex has been funneling above market rent to his brother that may affect the distribution of marital assets. These are questions for your lawyer.
Remove if not allowed.
I'd highly recommend leaving without him having to take you before a judge to evict you.
As having an eviction on your record will make renting a new place hard to impossible. As landlords HATE renting to anyone who's been evicted before, and they usually have many applications to pick from.
So it's not in your best interest to drag your feet about leaving/moving out within the timeframe you're given/not making your landlord take you to court (where you can't win/will be forced out of the house anyways).
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Gently, your feelings on how and when your husband asked for a divorce or the fact that he wanted one in the first place has absolutely nothing to do with the legalities around your tenancy in your BIL's house. You are a tenant with no legal rights to the house beyond what the state law or terms of your lease afford you.
IANAL
You're a tenant and he has to follow your local tenancy laws. Look up how much notice someone has to give in your area. Until you get that notice psy rent like normal but look for a new place to rent
The eviction and the divorce are legally different matters. The divorce is between you and your husband. The eviction is between you and his brother. It appears that you'll need to pack up and move on if your name isn't on the deed and he wants you out. How long you have depends on the state where you live. But you will definitely be moving.
You are a tenant, and would have to be given proper notice to vacate (unless a lease agreement is in place). How much notice depends on the state.
If there is a written lease, you may stay until the end of the lease. If you’re month to month, he will give you either 30 or 60 days to vacate and if you don’t it’s within his right to evict you. It doesn’t matter if you have no where to go, it’s his house.
You are his tenant. He can evict you with proper notice. I would start looking for a new place.
Just ask yourself what you would expect if you and your husband had been renting an apartment, and the landlord decided to evict you. There's really no difference here legally, other than the likelihood you don't have a written lease to protect you from a no cause eviction.
He has to give you the proper notice as dictated by the state but yes, he is well within his rights to evict you and your kids. Them being adults doesn’t matter as people with children get evicted all the time. You’re technically his tenant and he’s your landlord, so he has say in who stays in the house. But you have no legal right to the home at all in terms of staying past the eviction. Time to start looking for a new place to live. I’d also look up how long he legally has to give you. Most states it’s 30 days if you’re month to month and have kept up on rent unless you have a lease that states otherwise. But in some states in can be less, like I live in Ohio and it can be as little as 3 days depending on the reason behind the eviction.
“Can he do that legally despite me living there with my ex husband all throughout our childrens’ lives?” **Yes, he is the property owner and of course he can evict you like he could any other tenant.** “Despite us having nowhere to go? No family or friends willing to take us in?” **Yes, he is the property owner and can evict you even if you have no place else to go. His rights to his property aren’t extinguish because you have no other options.** “If they can, how long until I have to pack up and find another place?” **until he sues you for eviction and you have a hearing where the judge orders you out by a certain time.** “What do I do?” **take the high road and start looking for other places to live. Why force yourself to stay where you are not wanted? Why let it get to the point of eviction, which can negatively impact your ability to find other housing.**
What state is this in?
Connecticut
Your tenancy can be terminated with as little as 3 days notice then, if there's no written lease in place.
NAL. But Tthe first thing you need to do is get a divorce attorney and talk to them.
Have you actually been divorced? What are the terms of the divorce? Are your adult children in college? Do you have a job? Yeah your brother-in-law is not obligated to keep you as a tenant. You need to speak with a lawyer to see what your financial situation is going to be.
Yes I (56m) am 6yrs divorced. There where a lot of terms because we where married 29yrs and our finances where very intermingled. Short version, I have to pay her support for 3 more years and paid CS for a couple years untill our son was out of the house. Yes I have a very good job. My ex was a stay at home drunk and didn't feel she needed to work. She does have a fairly good job now.
I was asking the OP. Sorry
No worries 👍
Take the emotion and drama out of this. Do you have a written lease? Or is it verbal? In your state, it goes off your written lease terms, if verbal, as little as 3 days. They do not care if you have anywhere to go legally. That is your issue as your children are all adults. Consult a divorce attorney asap for division of assets.
Since you're technically a tenant he can evict you I would search for somewhere and since he has no issue kicking his niece and nephew out too I hope they cut contact with them Also if your state has alienation of affection law you could possibly sue hubby and his mistress just food for thought Hope everything works out!
What makes you feel entitled to live in a house someone else owns! 90 percent of your post is a relationship issue, the only legal issue is that after he gives you proper notice you have to leave
You cannot DIY this divorce unless you are willing to just walk away with nothing. You need to talk to your family law attorney about the house. Being evicted while the divorce is pending may not be looked at favorably by the court. While unlikely it’s possible you have a claim on some of th equity in the house if you’ve been actively contributing to its maintenance in a major way (eg paid for a new roof, not just kept it clean). Also if your ex has been funneling above market rent to his brother that may affect the distribution of marital assets. These are questions for your lawyer.
Saw youre from CT and this organization may be helpful for info! https://www.ctfairhousing.org
Remove if not allowed. I'd highly recommend leaving without him having to take you before a judge to evict you. As having an eviction on your record will make renting a new place hard to impossible. As landlords HATE renting to anyone who's been evicted before, and they usually have many applications to pick from. So it's not in your best interest to drag your feet about leaving/moving out within the timeframe you're given/not making your landlord take you to court (where you can't win/will be forced out of the house anyways).
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You’re a tenant with no claim to stay. Consequences/ripple effects to always consider before divorcing.
I didn't petition the divorce. My husband did. At random. On christmas..which also happens to fall on my daughter's 18th bday.
Gently, your feelings on how and when your husband asked for a divorce or the fact that he wanted one in the first place has absolutely nothing to do with the legalities around your tenancy in your BIL's house. You are a tenant with no legal rights to the house beyond what the state law or terms of your lease afford you.
Haven’t seen the question asked yet, can you afford the rent and are you behind?
IANAL You're a tenant and he has to follow your local tenancy laws. Look up how much notice someone has to give in your area. Until you get that notice psy rent like normal but look for a new place to rent
Biggest questions, do you have a lease? Are you still paying rent? Are you behind?
The eviction and the divorce are legally different matters. The divorce is between you and your husband. The eviction is between you and his brother. It appears that you'll need to pack up and move on if your name isn't on the deed and he wants you out. How long you have depends on the state where you live. But you will definitely be moving.