What to do if I’ve live with my girlfriend for about 7 years and now I want her to move out of my house?

UPDATED: Oct 1, 2022

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What to do if I’ve live with my girlfriend for about 7 years and now I want her to move out of my house?

I purchased a home about 2 years ago. She did not contribute to the purchase and her name is not on the property. We have been arguing for many months and she will not move out. She does not have a job and does not want to get one, I support her entirely as well as our 2 children. I want her to move out because I cannot live in my own house without enormous stress from her. She is constantly yelling at me and being upset with me. I just want her to move out. I want to keep the kids living with me. I would even be willing to give her some money to move out. I just want to be able to enjoy my home when I am not at work instead of being yelled at and not able to do things I want to do in my own home.

Asked on April 30, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In the situation you describe, she is considered a "guest": that is someone whom you allowed to live in your home (so, not a trespasser) but whom you do not want there any longer. A guest may be asked (in writing) to leave at any time (though you should ideally provide at least 15 and preferrably 30 days notice); then, if she does not leave when requested, a legal action traditionally called an action "for ejectment" (though your state may have a different name for it) may be filed in court to remove her. (You can think of this as eviction for people who are not rent-paying tenants).) No guest has a right to remain after the property owner tells her to leave.
The ejectment action generally takes 6 - 12 weeks from start to removal, depending on your state's specific process for it, how crowded your local county courts are, and how (and how hard) she fights the matter. So while it is not a quick process--including notice, you are typically talking 2 months to 3 1/2 months from start to finish--you may remove her. The action can be difficult in that it is highly "technical": a small procedural error can force you to start over. Therefore, you are advised to retain an attorney, preferrably a landlord-tenant attorney (they generally know how to do ejectment actions as well as the more common tenant evictions).
The children complicate the issue: it may be possible for her to go to family court and seek a court order preventing you from removing her until the custody of the children, and where they will live, is determined. Courts have the power to act in the best interests of children. Since you want custody of your children, you are advised to also consult with a family law attorney about the custody-related issue and how the children might impact ejecting their mother.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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