How can my son legally remove his girlfriend and her children from his home?

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How can my son legally remove his girlfriend and her children from his home?

My son plans to break up with this girlfriend. They are currently living together in a home that he owns. She does not pay rent or share in payment of the bills. They have one child together, and she has 2 children from a previous relationship also living in the home. My son plans to share custody of the child they have together, but he wants his girlfriend and her other 2 children to move out of his home. Is he required to go through an eviction process to remove his girlfriend and her children from his home? What are his options?

Asked on February 24, 2011 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Humm.  This is going to get to be a really tricky and touchy situation.  They have a child together and yes, the house is separate property, but she is not going to go easily is he has been the sole support of the "family" for the time that she has lived there.  I would seek consultation from an attorney in your area to handle all of this.  He may very well have to evict her but his child has a right to live there, correct?  And he or she is a minor, correct?  Is there any way that he and she can comes to some sort of agreement about custody and support and to agree to give her a temporary amount of money or a one time payment to get her back on her feet?  Talk this over with an attorney in the area.  It may be better than legal process.  Good luck. 


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