How do I make my daughter-in-law move out of my home?

My son, his wife, and 3 grandchildren moved in with me 5 months ago, neither of them work. My daughter-in-law does not respect the rules in my house. She sleeps half the day forcing me to watch my youngest grandchild while my son looks for work. She changes things in my home and lets the kids run wild when my son are I are not home. If she is not hidden in the bedroom, which is 90% of the time, then she is on her phone on facebook even though my rules have always been – don’t lay in bed all day, care for your children yourself, and don’t change my home. My son’s truck is broken down so he has to find something that he can get rides to. He does odd jobs around our area when his wife will get up and take care of the kids. If I say anything about her laying in bed, she makes snide remarks about she will do as she pleases. My son loves her but is caught between she and I. She doesn’t act this way at her parents or anywhere else. My son is continuingly telling her that this my house not theirs. Now, they are fighting and screaming all the time in front of the kids and nothing we say makes her act different. I have told my son that I don’t want to hurt him and he and the kids can stay here but she has to leave. No other family members will help them, not even hers, and I don’t want my grandkids on the street. What can I do? She is always trying to meet other men and has been caught cheating more than once. When we caught her sending nude pics to a friend of ours 2 months ago, I told her that she was not going to live in my house and cheat on my son.

Asked on December 8, 2018 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Since she is neither an owner of the house nor a rent-paying tenant, she has no legal right to remain there once you decide you want her gone: she is a guest, and a guest may remain only so long as permitted. You can give her written notice (a good idea is a month's notice) to leave (the law requires that you give a guest at least a reasonable amount of time to find a new place to live) then, if she does not move out, file a type of legal action traditionally called an action "for ejectment" (your state may have a different name for it) to make her move out. You can only remove her legally by his legal action (lawsuit). It is somewhat "technical" compared to say, suing in small claims court, so you are advised to retain an attorney to help you.


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