Can ex husband evict stepson

KY resident. Divorced 1 year. for financial
reasons couple still residing in marital
residence until the house sells. agreement was
to split all cost in half.

wifes adult son moved in as the divorce
finalizied. this arrangement was to last until the
house sells or for a few months to save to get
his own place. His responsibilities are to assist
with some of the utilities split 3 ways.

the sell of the house is taking much longer than
expected. ex husband feels that he shouldnt
have to continue to assist with the sons living
expenses any longer and wants him out. he is
demanding he pay rent as well as assist with
the utilities.

son makes at least 40,000 a year.

Can the ex husband legally evict the son
against the ex wifes wishes if he refuses to
pay rent.

Asked on October 9, 2017 under Family Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

To whom is the house titled?
If only to the ex-husband, he has the right to evict the son: the ex-husband would be the sole owner in this case, and the owner determines who may live there under what condictions. (There are special rules for a spouse, and the order or agreement from a divorce case can let an ex-spouse still live  there, but those are special cases that do not apply to a stepson.)
If the ex-wife is on the title--either as sole owner or as co-owner--the ex-husband cannot evict the stepson over her wishes: an owner of a property has the legal right to use and possession of it, which includes the right to let others live there.

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