How can I get my 32 year old son out of my house?

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How can I get my 32 year old son out of my house?

My husband has the rights to a family Trust. He can live here until his death. I can not get my son to leave this house and it is time for him to go.

Asked on April 5, 2015 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

So, your husband has the right to occupy the house and your son does not? Does the son rent from your husband, or is he there as a guest? Assuming he's not renting, then he's not a tenant and is a guest; and if he's a guest, he can be asked to leave at any time, for any reason--a guest has no right to remain once the person with the right to the property (e.g. your husband) asks him to leave. If he still doesn't leave, you can bring a court action for ejectment (eviction for nontenants) and once you win that action--which is very likely, under the facts discussed--constables or court officers will remove your son.


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