Can my girlfriend evict me if Ihave been paying some of the household bills but the mortgage is in her name?

UPDATED: Sep 5, 2011

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Can my girlfriend evict me if Ihave been paying some of the household bills but the mortgage is in her name?

Me and my girlfriend have been living together for 8 years. My name is not on the mortgage but her name is. She wants me to leave the house. I receive mail here and give her $800 a month for bills, does she have a right to kick me out or do I have a right not to leave?

Asked on September 5, 2011 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You say your girlfriend's name is on the mortage, but not yours. What about house title--is the house titled only to her, or to both of you? If it's titled to both of you, then she cannot evict you. If however the title is only in her name, she can--it's her house, not yours. Depending on the exact arrangements between you, you may be considered a guest (in which case she can terminate your right to stay there at will) or you may be considered a month to month tenant (counting the utility payments you make as rent); if a month to month tenant, she needs to provide 30 days notice to terminate your tenancy, but then can evict you after that if you don't move out. The fact you receive mail there has no bearing at all, unfortunately, on the situation. So to recap--if it's her house, she can make you leave; the only issue is the exact timing.

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