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can she really do this?? long, complicated...help please

Anonymous
Posted by Anonymous
  • 47 Replies
this is going to be long and complicated, im going to try and make it as easy as possible.......my uncle don owns a condo..he lives across the country...he let my great aunt diane move in two years ago....this past march (2013) my cousin molly and her DD moved into the spare room after some financial difficulties. the agreement was molly could stay until she got her tax return and she could use the tax return money to get her own place for her and her DD........molly and aunt diane got in a huge fight christmas day (not physical) and aunt diane told molly if she isnt out by the first she is callin the police to have her removed and she doesnt care molly and the baby have no where to go....i cant help, i live hours away...and im worried my cousin will be out on the streets with her baby....will the police make her and the baby leave?? its freaking snowing where they are!
Posted by Anonymous on Dec. 30, 2013 at 6:33 PM
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Replies (1-10):
Roxygurl
by Sapphire Member on Dec. 30, 2013 at 6:34 PM
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Well probably not, your aunt will probably have to go through the eviction process so your cousin will probably get 30 days to find herself a place.
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Basherte
by Platinum Member on Dec. 30, 2013 at 6:35 PM
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aunt diane doesn't own the place. the police would contact the owner and find out from the owner if the owner wants them out.


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LokisMama
by Platinum Member on Dec. 30, 2013 at 6:35 PM

Unless they are on the lease, there is nothing legal protecting them.  Your aunt can have them forcibly removed at any time.

ff-princess
by Ruby Member on Dec. 30, 2013 at 6:37 PM
1 mom liked this

probably not if Molly gets mail at that address.  that generally makes her a resident of that location in the eyes of the police, and they will tell auntie that it's a civil matter and she will have to formally evict her.  which she can't legally do since she's not the homeowner.

noturavemom
by Silver Member on Dec. 30, 2013 at 6:37 PM

i think the uncle would have to kick them out cuz its his place not the aunts

Caera
by on Dec. 30, 2013 at 6:38 PM

I would think the only person who gets to dictate who lives in Uncle Don's condo is Uncle Don.

Anonymous
by Anonymous 2 on Dec. 30, 2013 at 6:39 PM

I use to do role playing scenarios with police officers. We actually did a scenario like this. Once she allowed the cousin to move in, it is now her home too. She will have to go to court to get her evicted. Of course if it is the uncle not the aunt that owns the property, he will have to be the one to do it. 

With a child being involved, the police will encourage them to work it out, but will advice her of her options. 

Also in Texas, we had squatters rights so some of the laws have changed a little bit due to people moving into abandoned properties and trying to take them over. 

Anonymous
by Anonymous 1 - Original Poster on Dec. 30, 2013 at 6:40 PM
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if it was just molly i really wouldnt be so stressed about it but the baby needs a roof...i even called the local womens shelters (they have 3) only 1 allows kids and they said they are full!

Quoting Roxygurl: Well probably not, your aunt will probably have to go through the eviction process so your cousin will probably get 30 days to find herself a place.
ff-princess
by Ruby Member on Dec. 30, 2013 at 6:41 PM

many states require nothing more than living at the same address for more than 30 days to establish residency, after which time an eviction is required by law.

Quoting LokisMama:

Unless they are on the lease, there is nothing legal protecting them.  Your aunt can have them forcibly removed at any time.

 

Mrseoc
by Gold Member on Dec. 30, 2013 at 6:43 PM

I think yes without a lease she can kick her out like that. I'd be more worried about social services intervening on the count of a homeless mother.

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