Legal Question in Landlord & Tenant Law in Maine
leagal split up in an unmarried home, owned by me.
My girlfriend & I have been together for 4 +yrs.I take care of the home,financially.She pays &200 a mo,her & her son.She does buy the food.We both do our share of the household chores.The son is a disrespect problem.She doesn't want me to dissapline him,we get into arrguments over my doing so.I do it with respect to him, without swearing,cussing.
She has a problem with keeping her finance in order,she is credit card broke. She is always asking for extra money,sometimes I give it.I am even paying for her braces (&6000).She thinks I should not take money from her & that she should be on the deed to my house, which I build just before we moved in. She refused to help with the money while I was building, because she did not have it, nor did she work at being a part of the money burden.
Lately she has been tough to live with going out,not saying where she is going & coming home well after 1 a.m., & thinks this is not my concern. Her conerns are her son & her family.She brings nothing to the table.
I would like to have her leave the home with her son & find somewhere she & he can live the way they want.I have ask her to move,but she can't find what she
What are my oblligations.
1 Island Brook Dr.,W.Wareham,Ma 02576(508-889-5948)
1 Answer from Attorneys
Re: leagal split up in an unmarried home, owned by me.
You can try counselling, if you have not done so.
As the owner, you can evict her through summary process, which requires written notice at least 30 days plus. Notice has to be given before the end of a rental period to be effective by the next rental period (before January 1, 2006, to be effective by February 1, 2006, for example). You can bring the case in the District Court for Wareham, but she can remove it to the Housing Court. Since she does not pay rent, you really cannot evict her for nonpayment. The case must be filed after the 30 days have expired, and there is a particular procedure for filing in the Housing Court that is different from other courts. You should have a lawyer who practices in the Housing Court or does a lot of District Court evictions handle the procedure to do it right.
Massachusetts does not give property rights to unmarried persons living with someone else (no palimony).
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