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Girlfriend won't leave my Texas home. Eviction Process

Discussion in 'Eviction, Recovery of Premises' started by Pleasegoaway, Jul 26, 2017.

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  1. Pleasegoaway

    Pleasegoaway Law Topic Starter New Member

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    Jurisdiction:
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    My girlfriend moved in with me 13 years ago. She had a drug problem that I thought I could help her overcome and has no family. She never overcame her drug addiction and, in fact, it got worse. She cannot hold down a job because she steals from the employer to buy drugs or shows up high. She totaled the car I bought her. I have been asking her to move out for three years and she refuses. She is now threatening to claim we are common law married, which we are not. We file seperate tax returns and I have never presented her as my wife. She even buys her own food with the little money she makes cleaning a friend's house. She assalted me last night and she went to jail. She is demanding I buy her another new car and give her large sums of money or she will say we are married. The house is in my name. The light bill is in her name (but I pay it) so that she may prove she lives in the county for her health insurance from the government. Please help! How do I get her out of my house?
     
  2. army judge

    army judge Super Moderator

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    Hello, you were the victim of a physical assault by your tenant.

    You seek an emergency order of protection, you file for her to be evicted.

    If you don't know how, or can't find out how by searching the Internet, you hire an attorney to do both things for you.

    The police agency or one of its officers should have told you how to get an emergency order of protection last night.

    Call them now, as in tonight, ask how you obtain an emergency order of protection.
     
  3. mightymoose

    mightymoose Moderator

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    Ditto.
    The emergency protection order keeps her out for a week or so. During that time you go to court to get a longer restraining order.
    During that time you proceed with the eviction.
     
  4. txls

    txls Well-Known Member

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    And ignore her threats and demands that you give her money and buy her stuff. If she's getting government insurance or any other govt assistance, it could backfire on her if she tries to prove common law marriage. (But you don't have to tell her that.) Just ignore.
     
  5. ElleMD

    ElleMD Well-Known Member

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    Common law marriage is not so far different than conventional marriage. BOTH parties have to agree. She can't just decide that you are married. It does not work like that.
     
  6. Pleasegoaway

    Pleasegoaway Law Topic Starter New Member

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    I asked a
    Thank you-all for the advice. She said she has "proof." I have no clue what that could possibly be. Probably something fabricated. I did talk to the police about a protective order. They told me I was the one who needed to leave because she had nowhere to go. I am staying out of the house except to sleep. Will I still be allowed to go through the eviction process while she is telling authorities we are married?

    Thanks, again
     
  7. ElleMD

    ElleMD Well-Known Member

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    Once again, if you don't agree that you are married, you aren't married. You have no joint tax returns or finances, have never publicly held yourselves out to be married. Her claiming you are married does not make it so. She either does not know what she is talking about or hopes that you don't. There is no proof. If you makes some sort of document up, that will be really easy to dispel if she is stupid enough to try it in court.

    Don't take legal advice from the police. Alright so strangers on the internet aren't much better but we are where we are. Do not give up the house. It is your house. It does not matter where she chooses to go or what her options are. It is your house and you need to file for an order of protection an then eviction to get her out of it. Why would you let an abusive drug addict stay in your house?? Lord knows what damage she might cause in retaliation or what she might steal to fund her habit.
     
    army judge likes this.
  8. txls

    txls Well-Known Member

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    Wow, that makes no sense for you to have to leave your house when she is the one who assaulted you. And it's your house.
     
  9. Pleasegoaway

    Pleasegoaway Law Topic Starter New Member

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    Like I said in my post, I thought at the beginning I could help her. She has stolen so many things from me already and pawns them for drugs. I am a teacher and live a completely seperate life. For years she made me feel sorry for her, having no family & an abusive childhood. She goes crazy when I try to make her leave and I just get tired of the fight. After all I have done for this lady, I don't want to spend another dime on her, not even in court. What she's doing sounds to me like like extortion. Trust me, I will never allow anyone to live in my house again.
     
  10. mightymoose

    mightymoose Moderator

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    You got BAD info. That is so bad I would be making a formal complaint to the police department. If you were a victim of domestic violence you should be offered a protective order at the time a report is made. If it is to be denied it is a decision for a judge, not the officer.

    You don't need the police to agree. Just go to your local courthouse, fill out the paperwork for a protective order, and have the local sheriff serve her a copy.

    The order will compel her to stay away from the home. She can figure out where to go. It is her problem, not yours.
     
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  11. txls

    txls Well-Known Member

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    You're a good-hearted person and have gone way above and beyond. Some people can't be helped because they don't want to be.
     
  12. army judge

    army judge Super Moderator

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    Some cops provide illegal or stupid LEGAL advice.

    What you were told is both wrong, nonsensical, and pathetic.

    I suggest you visit the Justice of the Peace that sits over the area where you live.

    See the clerk, ask to see the JP to apply for an emergency order of protection.

    Do that ASAP, don't wait, delay, or waste any more time.

    While you're there, file for an eviction hearing to get that drug addicted, scamming, lying, conniving, violent SHE beast out of your home.

    You aren't legally required to stay out of your home because a violent she beats attacked you.

    Go home ASAP.
     
  13. Trevortf

    Trevortf New Member

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    Omg I'm so upset by this. Police told you that you were not eligible for the EPO and that you should go elsewhere since she has no place to stay.
    Amazing. When my then fiance of 8 years lied about a shouting match to include me pushing her, the cops had the EPO drawn up before they even arrested me. I had literally nowhere to go while she was surrounded by family. I was turned out downtown from the jail the next day with no ID, NO credit cards, cash, clothes nothing. And all my possessions, including my tools and truck for work were at my house, where I could not go. She even holds my dog hostage and has evicted me permanently. The JP offered nothing I asked for during eviction to assist me in getting my property. She will likely have it moved to the street, perhaps my dog too.
    Moral: women get all the chances to use the system to screw you over and we get told to let them stay here and you leave.
    Keep a support group for unexpected things, always protect your assets and property. Security cameras are a plus too
     
  14. Highwayman

    Highwayman Well-Known Member

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    This thread is almost a year old - the OP is not around to read anything you post here. Let sleeping dogs lie. Don't necro-post.
     
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