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Can I evict or kick out an 18yr old step child if my name is not on the title along with the dads but it is our marital homel.

Lake George, NY |

I have been married to my husband for 3 yrs and lived in our marital home for over 3yrs . His daughter is continuously disrespectful to me a nd has been causing marital stress for us . My husband does not agree with my decision to ask her to leave at 18yrs old . What are the legal steps I can take to hv her removed from our residence without the fathers permission. Again my name is not on the title or mortgage.

Attorney Answers 4

Posted

I am sorry that your family is going through this. The child is emancipated if they have graduated from HS, are not in college and not primarily dependent upon you for support, the third issue may not affect you, your problem lies not in the eviction but your husband unwillingness, if he fights you on this, that is the problem. take care.

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Posted

If your husband doesn't agree with you, you won't be able to legally evict her. There is nothing you can do on your own about this.

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Posted

Without the father's permission, you won't be able to get her out of the house. You are both entitled to have whomever you want living at your home. The only thing that you can do, if she is very abusive, is file a family offense petition in family court and ask for an order of protection and see if you can get removed from the residence. If she is removed and moves in with her mother, your husband may be obligated to pay child support. Any action that you take, may also create further problems between you and your spouse.

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Posted

You cannot evict her as you have no legal authority.

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