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[JohnTanner]

Jurisdiction

Alabama

My son lived with a girlfriend (2 years) in a house and on property that was titled to his name. All utilities are in his name. There is no lease or rent agreement with her. There are no references to his girlfriend's name on any titles or utilities. My son passed away a month ago, and the property has been retitled in my name (house and land). The girlfriend refuses to leave the property and has changed the locks on the house. I cannot get my son's property or mine out of the house. Since the house and land is legally in my name, and I own property in the house, can I force my way in to recovery my property. Again, she is not renting. She says she will sell my property and his, and suing her won't do any good since she has nothing to take anyway. I can't be charged criminally for forcing my way into the house I own, can I?

Thanks,
John

 

[KatDini]

You can certainly file to have her evicted per the rules of your state. Since you neglected to answer with the name of your state, that's about the extent of help you're going to be able to get.

 

[army judge]

My son lived with a girlfriend (2 years) in a house and on property that was titled to his name. All utilities are in his name. There is no lease or rent agreement with her. There are no references to his girlfriend's name on any titles or utilities. My son passed away a month ago, and the property has been retitled in my name (house and land). The girlfriend refuses to leave the property and has changed the locks on the house. I cannot get my son's property or mine out of the house. Since the house and land is legally in my name, and I own property in the house, can I force my way in to recovery my property. Again, she is not renting. She says she will sell my property and his, and suing her won't do any good since she has nothing to take anyway. I can't be charged criminally for forcing my way into the house I own, can I?

Thanks,
John

If AL is your state, read these links on eviction, Alabama style:


AlabamaLegalHelp.org | A guide to free and low-cost legal aid, assistance & services in Alabama




Alabama Eviction Laws & Process | Buildium




The Alabama Eviction Process in 7 Days With The Right Notice Forms

 

[JohnTanner]

I placed Alabama in the jurisdiction dropdown when I posted.. Sorry.. didn't know I would have to add it twice.. I have read the law on eviction; I know that I will have to evict her. My big question is whether I can legally force my way into a house that I own, is on my property, and has property in it that I own without criminal action. Does her changing the locks prevent this?

Thanks for any other help...

 

[army judge]

I placed Alabama in the jurisdiction dropdown when I posted.. Sorry.. didn't know I would have to add it twice.. I have read the law on eviction; I know that I will have to evict her. My big question is whether I can legally force my way into a house that I own, is on my property, and has property in it that I own without criminal action. Does her changing the locks prevent this?

Thanks for any other help...

No, you must evict her.

If you enter the premises absent a proper court judgment, she can sue you.

If you take anything from that house, or the grounds, that will make trouble for you.

Your remedy lies in a court of law.

Self help remedies never end well for the actor in these situations.

If she has changed the locks, that can be addressed during the eviction proceeding.

You may be the owner, but until she surrenders the premises, or a judge evicts her, you would be best advised to avoid all contact with her.

 

[JohnTanner]

Thanks for the information. I will do that