Legal Question in Real Estate Law in Missouri
Evicting guests on property
My fiancee is recently divorced and in the divorce he received sole possession of property in Missouri that had been mutually owned by he and his ex-wife. During their marriage, she had allowed her brother to move into that property without consent of my fiancee. Her brother has paid no rent during his stay and there is no contract discussing the agreement to allow him to stay there. During the divorce proceedings (which took 7 months), it has been known that my fiancee would recieve that property in the divorce papers. The divorce was final on June 20 and my fiancee contacted the brother living in the house to let him know the property was being put on the market for sale. My fiancee's ex-wife and her brother and now saying that "legally" my fiancee must give him 30 days to vacate the premises.
We don't feel that 30 days is needed since he has actually known for 7 months and he is not a true tenant with a contract, nor is he paying to live there.
1 Answer from Attorneys
Re: Evicting guests on property
The brother apparently had the permission of his sister to live on the property, so your complaint is more with her than with him.
You cannot just rush in and throw someone out, as the retaking of possession must be peaceful.
Give him the 30 days notice. It will end up being cheaper and quicker than the court action which is otherwise required. Court action will take more than 30 days.
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