Can Incapacitated Boyfriend’s Kids Force Girlfriend to Move Out of House?

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.