If my mother died almost 2 years ago and her surviving 3 adult children own the house, how can we get her boyfriend of 30 years to move out?

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If my mother died almost 2 years ago and her surviving 3 adult children own the house, how can we get her boyfriend of 30 years to move out?

Asked on October 3, 2012 under Real Estate Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would all need to petition to move him out if he is now a squatter. You should check with your Sheriff's Department if it can move him out without an eviction order from the court. If the Sheriff indicates that the agency needs an eviction document, you would need to go through the correct landlord tenant eviction proceedings. You and your siblings will need to give him notice to quit the premises, and then proceed with filing in court indicating either he is a squatter or trespasser. Your best approach is to meet with the Sheriff's Department first and see if the boyfriend is considered a trespasser, a holdover tenant or a squatter. Your courthouse will have the landlord tenant documents (if necessary) to help with the process of eviction if necessary.


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