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Can I Kick Out my Abuse "Step-father" when I own half of the house?

Discussion in 'Other Family Law Matters' started by Alyssa L, May 31, 2022.

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  1. Alyssa L

    Alyssa L Law Topic Starter New Member

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    Jurisdiction:
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    My biological mother (F46) is married (civil union) to an emotionally and verbally abusive man (M46). I’ll spare you the details, but I (F17) have been a victim of physical and emotional abuse for seven years along with my mother. Recently, he has manipulated my Mom into staying with him after cheating because he threatened to commit suicide if she didn’t.

    I lost my biological father to cancer when I was 2, and he didn’t have a will. When he died, my Mom had to go to probate court. Our house was put into her and my name under an “Intrafamily Transfer And Dissolution.”

    I turn 18 in a month. I was wondering if my “step-dad” tries verbally or physically threatening us again, could I call the cops if he refuses to leave? Could they force him to leave since I feel uncomfortable with him being there as half-owner of the house? Would my Mom’s request for him to stay override mine? The house is not in his name, only my Mom’s and mine. I checked the deeds records online. We would be fine financially without him. He pays no taxes, no utilities, no rent, nothing. My main question is, what rights do I have or NOT HAVE as a partial homeowner?
     
  2. Zigner

    Zigner Well-Known Member

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    Your mom is allowed to have whomever she wants in her house. Just feeling "uncomfortable" is not a reason that he can be forced to leave. If he threatens you or physically harms you, then you can seek out a domestic violence restraining order. Once you have that, he can be forced to leave.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    Have you reported each incident of physical abuse to the police, CPS or someone at your school?

    You can (and should) call the cops if there is any physical abuse or threats that place you in reasonable anticipation of same.

    In the abstract, this certainly is a possibility, but it won't have anything to do with your purported status "as half-owner of the house." The police won't know who actually owns the house.

    The cops could arrest your stepfather. They could order him to leave temporarily, but he'll be able to return. Only an arrest that results in incarceration or a restraining order will compel him to leave.

    It would be pointless to try and create a list of rights.

    Here's the thing: Until and unless (1) your mother is willing to kick her husband to the curb, (2) he is arrested, or (3) he has a restraining order entered against him, he has a right to live in the house. You could, in theory, sue your mother for something called partition (a forced sale of the home), but I doubt you have the financial means to do that.

    You really need to have a heart-to-heart with your mother.
     
    Zigner likes this.
  4. Zigner

    Zigner Well-Known Member

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    I'd like to point out that a civil union is not the same as a marriage. Your mom is not "married" to the guy (unless she married him sometime after the civil union ceremony was performed). He is not your "step-father" at all.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    In Illinois a civil union appears to be as much of a marriage as a marriage is "with the obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses."

    Civil unions are dissolved under the same laws as marriages are dissolved.

    750 ILCS 75/ - Illinois Religious Freedom Protection and Civil Union Act. :: 2021 Illinois Compiled Statutes :: US Codes and Statutes :: US Law :: Justia
     
  6. Zigner

    Zigner Well-Known Member

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    One can convert a civil union to a marriage, whereas one cannot convert a marriage to a civil union.
     
  7. army judge

    army judge Super Moderator

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    That's your ticket to safety and freedom, young citizen.

    As an adult you can EVICT yourself by saying, "I'm an adult today. I no longer have to accept beatings and abuse from your husband, mother. I'm outta here. Goodbye, good luck, I love you mother. I just can't accept any more abuse from your beast of a husband."
     
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  8. leslie82

    leslie82 Well-Known Member

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    If your mom doesn't want him to leave, then the cops can't make him leave. When you turn 18 YOU can leave. I definitely would. Your mom isn't ready to leave him and you won't be able to force him. Trust me - I've been trying to convince my mom to leave her abusive ass hat of a husband for years telling her she could live with me and she won't for some reason. So if she wants to live in that abusive hell there's nothing I can do about it. Or my siblings.

    I would say get yourself set up so that you can move out when you are 18.
     
    army judge likes this.

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