How can I get my son-in-law out of my house?

My daughter and son-in-law moved into my house 5 months ago to save money to buy a house. My daughter found out a month ago that he is having an affair. They are going to separate at end of the month. I told him he could sleep on the couch until then but lately he has been mentally tormenting my daughter and I told he had to leave. He said he had just as much right to be here as me and he could stay forever if he wanted to. What recourse do I have? I own the house free and clear in my own name.

Asked on June 12, 2012 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You and your daughter have a couple of options.  The first is to evict him.  He can't stay there forever because he doesn't own the property-- you and bank do.  It's a pain, but you will have to follow eviction procedures because he would be considered a tenant.  The second option is more on your daughter, but would have the same effect-- which is to file for a divorce and get temporary orders which grant her exclusive use of the domicile, which is your home.   The judge can grant the motion and effectively kick him out of your home.  He can grant other relief that your daughter may need like child support and exclusive use of certain vehicles.  Once you get him out of the house, you may want to have your local law enforcement agency issue him a criminal trespass notice-- formally advising him that he is no longer allowed on your property.  If he does decide to show up again, then you can have him arrested for criminal trespass.  You mention that he has been tormenting her verbally, but if it escalates to pushing or shoving, your daughter may also qualify for a protective order through your local DA's office.

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