Can my mother-in-law ban me from my wife’s property?

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Can my mother-in-law ban me from my wife’s property?

My wife has a mobile home on her mother’s property. Her mother has had the land surveyed and divided between my wife and her brother. Her mother states that I, as my wife’s husband, cannot come on the property. My wife has had the mobile home on that property for 15 years. Is it legal for her mother to keep me from living and staying with her in her home that is in her name? There are no rental or lease agreements between my wife and her mother. How can it be that I the husband cannot even go on the property to repair and do work on our home?

Asked on October 14, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately for you if the mobile home is on land that your mother-in-law owns and you do not have a written lease for the property but rather an implied in fact lease where no money is paid, then the mother-in-law can keep you off of the land. However, if you are paying rent, then she cannot keep you off of the land. I suggest that you may want to consult with a landlord tenant matter about your matter.


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