Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live with my boyfriend of 6 months and he is currently in the hospital, unable to speak. Can his children force me to move out of his home? He is 72 years old and I am 50 years old.”
First, who owns the house? In general, only the owner of a property has the right to have someone removed. However, if your boyfriend has certain legal documents in place (such as a living trust or power of attorney), someone else may be able to act on his behalf during a period of incapacity.
Second, what kind of agreement did you have with your boyfriend? If you have a lease (either oral or written), then it’s generally enforceable. If you were just a guest, then you would be entitled to whatever amount of warning the law in your state allows.
In short, if there’s some animosity between you and the children, you might want to have a talk with a local attorney, just to be prepared. And while you may be okay so long as your boyfriend is alive, expect things to change after he passes, so it’s best to have a contingency plan.
