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Legally Kicking someone out of your house

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Legally Kicking someone out of your house

Old 04-29-08, 09:31 PM
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Legally Kicking someone out of your house

This topic is a bit personal, but i cant find any solution talking to the authorities around here bc quite frankly they dont care.

I need help finding a legal way to kick someone out of your house that has residence. My sister tried putting a restraining order on him and they told her bc SHE s issueing the order and he has residence here she has to leave.

the cops here are no help. and im not good with legal matters nor know anyone...im just curious if theres anyone here that mighta been in a similiar situation?

my brother in law is an asshole im not bothered by him bc im biggier then him but im not home alot and im afraid of his dumbass taking the next step and hitting my sister or anything else of that nature.


even I got into a fight with him where my sister said he came after me and im still the one who got charged.
Old 04-29-08, 09:38 PM
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is his name on the lease or deed?
Old 04-29-08, 09:44 PM
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no my name and my sisters name are down as the owners...

the cops told us in NYS if you live somewhere for over a year *forgot the actual time frame* you have legal residence there. that if my sister has no real charges against him that if she wants a restraining order shes gonna have to move
Old 04-29-08, 09:47 PM
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This is easy. Just wait until he's totally passed out drunk then move him and all of his belongings out of the house, change the locks and put in a change of address for him to his parents/friend/whoever house. Done.
Old 04-29-08, 10:07 PM
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Build a secret small room, separate from all other parts of the house....and have your way with him. Then let him out in a few years.
Old 04-29-08, 10:16 PM
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he sounds like a smoker, probably the type of guy that would fall asleep while smoking in bed and burn the house down without him being able to escape

or

Your next best bet is if he actually hits your sister, then you can have him arrested and put in jail, if the police find drugs on him when they arrest him, even better
Old 04-29-08, 10:19 PM
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thats the part i love...cops...let me rephrase that laws that encourage domestic violence to happen bc you cant do anything till then
Old 04-29-08, 10:20 PM
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Originally Posted by terrycloth
no my name and my sisters name are down as the owners...

the cops told us in NYS if you live somewhere for over a year *forgot the actual time frame* you have legal residence there. that if my sister has no real charges against him that if she wants a restraining order shes gonna have to move
Um, what? If you and she own the house, then tell him to leave. Then serve an eviction notice. Then have him arrested for trespassing.
Old 04-29-08, 10:26 PM
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when that was tried the cops said he was a legal resident here that theres nothing they could do legally to remove him...
Old 04-29-08, 10:45 PM
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I absolutely cannot believe that is true.
Old 04-29-08, 10:45 PM
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Originally Posted by terrycloth
when that was tried the cops said he was a legal resident here that theres nothing they could do legally to remove him...
Did you serve him an eviction notice first?
Old 04-29-08, 10:48 PM
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Oh wait, this is your brother in law? So, your sister owns the house, but he's married to your sister, so he may own part of the house through community property.

Yup. Time to call a lawyer.
Old 04-29-08, 10:59 PM
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Originally Posted by terrycloth
thats the part i love...cops...let me rephrase that laws that encourage domestic violence to happen bc you cant do anything till then
Frankly, there is no law against being an asshole. If he hasn't been violent (yet), on what grounds did she intend to get a restraining order? And why are they still married?
Old 04-29-08, 11:01 PM
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terrycloth, the first step is for your sister to legally cut the legal ties. You can't do much of anything. It's all on her initiating a separation or something of that nature.

Do you and your sister own the house? Or is it just your sister who owns it, and he's merely living there.

But again, your sister has to start the legal distancing from her husband. If she's not willing to do it, or changes her mind about him every other day, then she will have to find out what an ass he is the old fashioned way.

This guy could be arrested time after time, but it won't mean a thing unless your sister has legally divorced him. If you own the house as well, then it makes it that much harder for him to assume any assets--not to mention how much time he's been with her.
Old 04-30-08, 12:13 AM
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You need to talk to a lawyer to find out the NY laws, and it will depend greatly on how the title is actually vested, whether NY is a community property state, etc. etc.

Assuming the best and you can evict, you are still looking at a process that takes a month, and you need a lawyer to do it.

If it were me in the situation, I hit my sister and we tell the police that the guy finally did it, then call them shitheads for not listening earlier.
Old 04-30-08, 12:18 AM
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Just buy a gavel. As long as you bang a gavel, anything's legal.
Old 04-30-08, 02:54 AM
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Clock your sister solidly in the face a few times then claim he did it. Kidding.. only kidding of course. It's pretty bad that a person has to become a threat before they can be kicked out of a place.
Old 04-30-08, 02:59 AM
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FYI, for all the condemning of the police that you're doing, they are absolutely right. Assuming that there has been no violence, it's all civil, not criminal. The police have no say in civil matters.
Old 04-30-08, 11:46 AM
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Originally Posted by terrycloth
even I got into a fight with him where my sister said he came after me and im still the one who got charged.
Your wording here is so vague that I gotta ask... was your sister lying when she said he came after you?

Cops have a hard enough time doing their jobs without trying to magically divine which assholes are going to become physically violent at some point in the future. Hopefully you and your sister will come to accept the fact that they can't act as your personal goons to kick people out of your house whenever you demand it. Be patient, act fast, if he starts anything, DO NOT react. Not sure what state you're in, but if its legal you might want to start carrying a voice-activated tape recorder around him in case you need it to refute anything he says in court. It would destroy his credibility.
Old 04-30-08, 09:46 PM
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Originally Posted by domino harvey
Just buy a gavel. As long as you bang a gavel, anything's legal.
That's awesome.

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