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

UPDATED: Apr 5, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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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