Can I legally evict my ex-girlfriend who is living in my home but refuses to leave?

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Can I legally evict my ex-girlfriend who is living in my home but refuses to leave?

My ex-girlfriend, who has taken my last name and pretended to be my wife (we are not married but have been together from some 20+ years); we have 2 kids: age 20 and age 16. The 20 year old will be moving to CA to go to school this month and the 16 year still lives here in the house. We are no longer a couple and I have asked her to leave but she will not. I want to have her evicted from my house. I am the sole owner of the house; she is only on the deed for some ‘homestead act’; the house is in my name only; she does not pay any monies toward the house.

Asked on August 4, 2011 Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for the situation.  It must be very difficult on the children.  You need to seek legal help here as soon as you can.  From what you state here it appears that you have placed her on the deed to take advantage of what is known as the Illinois Homestead Exemption Program, correct?  Well under the act you MUST own the property in order to qualify for the exemptions.  So by placing her on the deed at all and for any reason you have affirmatively made her an owner of the home.  She has every right to stay and other rights with regard to leaving like being bought out.  And how you listed her on the deed could be an issue as well.  Seek legal help.


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