Legal Question in Family Law in Michigan

removing live-in boyfriend from my home

How do I get this man out of my house?When I met him he was homeless living in a motel.He came to live at my home which I owned thru previous divorce-it was totally dept free.We decided to move to the country and sold this house and bought another which has a mortgage in both our names and all the equity from the sale of my home was put into the new home.I retain title to the home in my name only.Then we started a business which is a sole porprietorship in my name and took out 2 loans to start it.Since this time the relationship has become volatile and for my safety I need to get out of this situation as he has been arrested once before for spousal abuse.How do I go about getting myself out of this mess without losing everything that I had before I knew this guy?Please help me!!!


Asked on 3/01/00, 9:28 am

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: removing live-in boyfriend from my home

A person must have some legal interest in real estate to continue to reside there. A legal interest might be a deed, land contract, or a lease, among other interests. In Michigan, an interest in land must be evidenced in a written document. If your friend does not have a legal interest in the real estate, then he might be nothing more than a guest. Once a guest has been asked to leave the premises and fails to do so, he or she is a trespasser and may be removed by the police.

It is unclear how his name appears on the mortgage documents, unless he signed merely as a guarantor on the promissory note which was given with the mortgage. If he has no ownership interest in the real estate, then he cannot convey a mortgage to the lender. Accordingly, you should verify that he does not have an ownership interest in the real estate, before attempting to remove him from the premises.

You should consult an attorney concerning the particular facts relating to this matter. This response does not constitute legal advice and should not be relied upon as legal advice. Your rights and obligations may be affected by other facts and circumstances which have not been considered here. No attorney/client relationship is created or intended by this response to this inquiry.

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Answered on 3/14/00, 2:43 pm


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