Any Legal Professionals Out There....Cop, Judge...anyone.

[Sonoran Silkies]

Quote:
Absolutely right, although the amount of time varies by state--California has the least amount of time (three years, I believe); some states require as much as 20 years. The legal terminology is ownership by "adverse possession." A requirement for adverse possession is that it is NOT with the title holder's permission. If you give permission, the claim is void. They HAD permission; now the permission is being revoked for the husband.

The other concern is whether he is protected by tenant laws. Those you will have to check state laws, but since there is no rental or lease contract, and they do not pay rent, I doubt that they can be considered as anything other than guests. Also, even if they are covered, it is likely that there are exceptions (such as carrying out illegal activities on the premises) that allow immediate eviction.

 

[Sonoran Silkies]

Quote:
I do not recall anyone saying this man has squatters rights. Besides, in Ohio there really isn't any satute for squatters, at best it takes over 21 years in that state to establish ownership as a squawtter. Even then it is not a sure deal.

I do believe the father-in-law as the right to evict, but if the parties refuse to leave there needs to be court papers filed to have them removed. The man is this womans husband, therefore he does have rights. And as for them living with the parents, from the OPs posts, it states there are living in a house owned by them, not with them.

Since there appears to be no proof of illegal activities, this is purely a domestic dispute. This woman needs to chose the path that is going to benefit her children and herself. Personally, I would get out of the situation as fast as I could if I suspect drug use and other illegal activities.

If they are guests, then they have no rights to be in his house, whether he lives with them or not. I can choose to give something to one of my children and that does not automatically give it by right to their spouse (inheritance and gifts are excluded from community property unless "intermingled" with it). So he can choose to evict the son-in-law and not the daughter. That s-i-l has no RIGHT to be there.

 

[HarlansHollowFarms]

Quote:
I do not recall anyone saying this man has squatters rights. Besides, in Ohio there really isn't any satute for squatters, at best it takes over 21 years in that state to establish ownership as a squawtter. Even then it is not a sure deal.

I do believe the father-in-law as the right to evict, but if the parties refuse to leave there needs to be court papers filed to have them removed. The man is this womans husband, therefore he does have rights. And as for them living with the parents, from the OPs posts, it states there are living in a house owned by them, not with them.

Since there appears to be no proof of illegal activities, this is purely a domestic dispute. This woman needs to chose the path that is going to benefit her children and herself. Personally, I would get out of the situation as fast as I could if I suspect drug use and other illegal activities.

If they are guests, then they have no rights to be in his house, whether he lives with them or not. I can choose to give something to one of my children and that does not automatically give it by right to their spouse (inheritance and gifts are excluded from community property unless "intermingled" with it). So he can choose to evict the son-in-law and not the daughter. That s-i-l has no RIGHT to be there.

Yep, he can evict.....its the getting him out part that will be the problem!

 

[DuckLady]

Instead of heatedly arguing, why don't we wait to see what RickiHupp has to update us with?

 

[Countrywife]

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here is the squatters rights statement

 

[horsejody]

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The father owns the house. He tells the son in law to get out. If SIL refuses, Dad calls the sheriff. No problem. BTW eviction is for renters. This man is technically a guest. Just throw the bum out.

 

[Sonoran Silkies]

Quote:
The father owns the house. He tells the son in law to get out. If SIL refuses, Dad calls the sheriff. No problem. BTW eviction is for renters. This man is technically a guest. Just throw the bum out.

correct

 

[redhen]

Quote:
The father owns the house. He tells the son in law to get out. If SIL refuses, Dad calls the sheriff. No problem. BTW eviction is for renters. This man is technically a guest. Just throw the bum out.

ditto... the man has NO claim to that property at all.. it has NOTHING to do with him being married to the daughter..being married to the daughter has NOTHING to do with the FATHERS PROPERTY...

 

[crzychickenlady]

Quote:
I apologize for even posting on this thread. Clearly I'm an idiot and know nothing. Seems all your answers can be found with Countrywife.

 

[catfish/okie]

That word Husband throws a little bit of a kink into it I suppose. Being he is jobless and dont provide I would think you may have something there. If he is a dealer he is a felon you may have something there. Call the cops and give them permission to search the home this may scare him off or get him busted. Or maybe that would convince him theres a better way to make a living. Like getting a job and providing for his family like a husband is supposed to do.