My husband and his father are the owners of his fathers home, both of them are on the mortgage and the deed. His fathers wife is not on any of it. What our question is, can my husband legally evict his fathers wife from the home? This woman has over the past 5 years, stolen my husbands identity, opened and charged thousands of dollars to several credit cards, called CYS on my husband and I, and recently began harassing me so badly that the police are filing criminal harassment charges on her. She has been making false accusations of me saying I hacked her email and sent out messages and pictures to her friends ( I honestly believe she did this to herself and lied about going to the police about it to get people to believe her) She is also posting horrible things about me all over the internet. The last incident that caused me to contact the police about her harassment was that she started contacting my photography clients and is telling them all sorts of lies about me so I will lose my business. We are completely fed up with her childish nonsense and my husband wants her out of the house. His father also said he wants her out but he doesnt want her to take the house from him. Does my husband have any legal right to go to the home and post an eviction notice to have her removed from the home? If so how long does he have to give her before she must leave (15 days, 30 days etc). We also found out that she has a gun in the home now and his father wants it gone but she has it hidden and refuses to remove it. Im honestly worried for his and our saftety at this point but she has not threatend anyone yet so they cant do anything. Please any help would be appreciated. We are desperate and just want her out of his home and our lives.
1 Answer from Attorneys
Your father-in-law needs to see a divorce attorney. You do not indicate when the property was acquired so I do not know if it was before or after marriage to this woman. If before marriage, she is not entitled to the land. The father needs to divorce her and get her out of the house.
Your husband has no rights to evict her. She is your father-in-law's wife.