Can you legally evict a 19 year-old stepson?

UPDATED: Jan 5, 2011

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Can you legally evict a 19 year-old stepson?

This is my stepson; he does go to college to keep from having to work. He does not help with anythingaround the house and refuses to get a part-time job. He is very disrespectful to me and my wife backs him up. The house was bought before our marriage almost 7 years ago, so it is only in my name.

Asked on January 5, 2011 under Real Estate Law, New York


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

Answered 12 years ago | Contributor

I am sorry for your situation.  What you are saying is that the property is not considered a marital asset as it was purchased prior to your marriage (and not with the intention to be marital property) with separate assets (cash).  That is all well and good.  But your step son may not be a tenant and fall under that status or category.  You have no verbal agreement or written agreement as to "rent" correct?  He moved in there when he was what: 12, and has lived there since?  Now you want to consider him a trespasser and get rid of him?  This is going to be hard on you and your relationships here if you attempt to get him out, you realize that, don't you?  You can probably legally ask him to leave.  But if he does not then you may have to go to court to have him removed.  But if he does, don't be surprised if your wife goes with him.  Good luck. 

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