If I lived with my boyfriend for 2 years but he died this past week, can his family come in and out of the house anytime they want while I’m still here?

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If I lived with my boyfriend for 2 years but he died this past week, can his family come in and out of the house anytime they want while I’m still here?

We live in Michigan and as far as anyone knows he doesn’t have a Will. The day after he died his family was here going through stuff. Then 2 days later I was gone and when I came back home his sister and her friend were going through everything, including my stuff. His sister took all the keys with her.They locked the garage and I have stuff in there. As I said we have lived together for 2 years and during that time none of his family ever came over. They are telling me I have to be out by Saturday. My boyfriend has quite a bit of assets. I know I’m not entitled to anything but can his family do this?

Asked on September 18, 2015 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They can remove you, but they can't simply lock you out of a home you were lawfully living it if they have or do, you can go to the police and they should let you back in, and if the police will not let you in sometimes, they refuse to get involved in non-criminal matters, even when they should, you can hire an attorney to bring an "emergent application" think "urgent" or "emergency"--i.e. something the courts need to deal with immediately to get you back in.
However, bear in mind that unless you were on a lease for this space or were a co-owner of it and if you were, they have should have NO right to get you out, you ultimately have no rights to live there anymore. While the family cannot legally simply lock you out, they could bring a legal action, called an "ejectment" action "ejectment" is eviction for non-tenants to remove you. You can avoid being unceremoniously thrown out, but cannot avoid being removed by the courts, after the proper legal action. A girlfriend has no right to property unless left it in the will, and so right to remain in her boyfriend's home after he passes, unless she was herself a tenant or owner.


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