3 wks ago, I filed a restraining order on my husband for emotional abuse & harassment, I then filed for divorce & was just granted a 6mth extension on the no-contact order. However, My 21 yr old stepson continues to live with me and he has the same issues as his father. Although, he doesn't necessarily bother me, I don't feel comfortable with him continuing to live here. He (stepson) is one of the reasons we are divorcing in the first place. i.e. selling drugs out of our home, husband didn't seem to have a problem with him doing it...I know he (stepson) only continues to live here because he's the eyes and ears for his dad. With good reason, I worry about my home and feel I'm being watched, not only by my stepson but by the outside cameras on my house. My stepson has been living with us since the age of 15 when his mom gave up. He does not/has never paid rent or contributed in any way to this household. EVER! However, the "big elephant" in this crazy situation is that even though the house is considered marital property, along with 12 other properties, the DEED is NOT in my name. What recourse do I have in getting him removed. We don't really have a landlord-tenant relationship??
I am sorry to hear about your situation. The specifics of your case can not be appropriately addressed in this public forum. Please consult an experienced divorce attorney to review your deed and other divorce related documents so that they may privately advise you on this matter. You can contact an attorney here through our Avvo profile or the Avvo directory. Best of luck!
Robert P. Waickowski, Esq.
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You should speak to a divorce attorney as marital estate is complex. If you the cameras are on your property, you can remove them if you feel uncomfortable. As for your stepson, you should consult with you a landlord tenant attorney as to your options. Best wishes.
Given there are 13 properties, you should at the very least meet with an attorney for a consultation. Handling this on your own seems risky.
As for your step-son, you should speak to a landlord-tenant attorney to determine a course of action, as it seems there are no grounds for a restraining order or for the family court judge to remove him from the home.
If you do not own the house in your name, you cannot evict the stepson unless you get a no-contact order or harassment prevention order on him as well. If your husband owns the house, he can give his son permission to stay there as long as he wants. Since the stepson is not a party to the divorce, the probate judge cannot grant you an order ordering a third party out of the house.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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