Before you read any further on this website, please plan on taking a video of your home. You may need to wait until your ex is away. But this is critical step. Film every wall, ceiling, and floor of every room in the building. Film as much of the personal property in each room as possible. Do not just save the video on your phone. Plan ahead of your ex taking your phone while you are in the shower or otherwise indisposed. Upload the video to your computer at work, if you are allowed to do so. Use a friend’s computer if that is not an option.
Unfortunately, romantic partner evictions can go from simple to complicated very quickly. And when they become complicated, the complication often happens while you are standing in front of a Judge. The damage is done when this happens.
Having an experienced eviction at your first eviction trial can make a huge difference in these cases. Your ex is every bit as emotionally charged as you are right now. Allowing your ex to win that first eviction can come with substantial costs. Your ex will now be supremely emboldened. You are now unlikely to reach a reasonable agreement because he / she now sees little point in being reasonable. Your ex is on a winning streak. And now it’s time to punish….
Conversely, imagine how defeated your ex will feel after spending hours preparing to make that perfect argument only to have your attorney muzzle him with one objection after another. Or, perhaps, your ex has spent weeks fantasizing about his / her attorney ambushing you by showing up unannounced and putting you in your place in front of the Judge. But you lawyered up with Girling Law. Eviction is all we do. Your experienced Girling Law eviction attorney instead crushed your ex’s mostly-family-law-but-sometimes-criminal-law-and-occasionally-immigration-law lawyer.
NOW your ex will be reasonable. In fact, your ex can’t WAIT to be reasonable!
Can I Evict My Ex-Romantic Partner If I Own the Property (But He / She Does Not)?
Yes, absolutely.
We help property owners evict their former romantic partners on a regular basis. Some minor differences can affect how the eviction process works. For example, the eviction process is slightly different where your romantic partner agreed to pay you rent and / or utilities as compared to an eviction where you did not require them to pay anything.
But there are potential complications on these types of evictions that can result in your eviction being delayed for several months. We do not want to publish details on this as we otherwise risk coaching your ex on how to make your eviction excruciating.
If you find yourself in your position, you ABSOLUTELY need to have an experienced eviction attorney representing you on day one of the eviction process.
Please call us at (469) 423-6828 for your free consultation.
Can I Evict My Romantic Partner if We Both Own the Property?
Generally, the answer to this question is no. But there are exceptions.
When you co-own real estate with someone, that other person has the same right to occupy the property as you. You generally have no right to exclude them from the property. It does not matter if you are the only one paying the mortgage. Similarly, you paying for repairs to the property and maintaining the property does not give you more rights over the property. In theory, a co-owner can have a right to possession of the property, even they live somewhere else.
Divorcing couples often agree to or receive from a Judge temporary orders. These orders address the temporary disposition of assets belonging to the marital estate. If your temporary orders give you exclusive possession of your home and your soon-to-be ex refuses to vacate, you will need to go through the eviction process to have your spouse forcibly removed. You are likely to prevail under these circumstances, if you provide the eviction court with the correct evidence. These types of evictions are rather complicated and often involve your spouse’s divorce attorney showing up at the eviction trial unannounced. You should always hire an experienced eviction attorney to evict your spouse after you have received temporary orders.
Please call is at (469) 423-6828 to schedule a free consultation to discuss the rights your temporary orders avail to you.
A temporary restraining order or a protective order against your romantic partner can also have the effect of removing your romantic partner from the property. But such orders may last only up to 14 days. It is possible a Judge might later order your romantic partner to not access your home for a longer period of time. However, these orders are really about your ex maintaining a certain amount of distance from you and is ultimately not the same thing as an eviction.
Can I Evict My Romantic Partner if We Both Rent the Property?
No. Being the renter on a written lease does not give you the authority to evict anyone from the property you are renting. Only the owner or the owner’s agent may file an eviction against an occupant of real property. Where the landlord has a written lease with his tenants and the tenants are in the middle of the initial lease term, the landlord may evict the tenants only if there is a breach of the lease.
Removing your ex from a property under these circumstances typically occurs by means of an agreement. If you can’t reach an agreement with your spouse, you are both stuck with paying the lease. You could arguably gain some leverage over your ex by threatening to not pay your share of the rent, but following through on such a threat can severely damage your credit.
Can I Evict My Romantic Partner if I Am on the Lease but He / She Is Not?
No. But you might succeed in enlisting your landlord’s help to evict your ex.
This is some risky business, however. Many renters in this situation allowed their romantic partner to move into the unit in violation of the terms of the lease. Most lease agreements – even bad ones – are carefully constructed to limit who may or may not live in the unit. If you admit to your landlord that you let your ex into the property, your landlord will have the right to evict you for breaching the lease by letting your ex into the property. Never make such an admission to your landlord, unless you are 100% certain he will be sympathetic to your situation and open to working with you as described, below.
Of course, if your lease permits you to have overnight guests, how would your landlord ever know whether or not your ex was merely an overnight guest who later refused to leave? When this happens, landlords are often willing to let the renter hire an attorney for the landlord. The landlord must be named as the plaintiff on such an eviction lawsuit.
We have helped several tenants under similar circumstances and we can likely help you!
Please give us a call at (469) 423-6828 so we can help you enlist your landlords help in removing your ex!
What Do I Do if My Former Romantic Partner Threatens to Harm My Property?
The more important question is what do you NOT do? Never threaten to report your romantic partner to the police or to press criminal charges against them when they threaten to damage your home.
Texas has laws against extortion. While it may not seem like it, you can easily run afoul of these laws only to find yourself facing your own criminal charges! You are not allowed to threaten anyone with criminal consequences in order to get your way in a civil matter. An eviction is a civil matter. Making such a threat meets this state’s definition of extortion.
If your romantic partner has tried to intimidate you by threatening to damage your home, please give us a call immediately at (469) 423-6828.