I live in Minnesota. I am divorced, and bought a home in 2013. It is only in my name. My ex husband has lived with me this entire time, but is not on the mortgage. He gives me money. He has done repairs and paid the mortgage. I do not think he has proof of repairs, like receipts but he can easily prove he gives me money. He has never written checks to the mortgage though, from his account. Even though we are legally divorced, we have been in a relationship. He has repeatedly cheated and I want him to leave. He refuses to vacate the property. He says it's his house too. He wants to stay, have me leave, have me give him money back, Sell the house to him....his answers change daily on what he wants or why he won't leave. What can I do and what rights do I have?
Let's start with a simple presumption, which is that either you bought the house after the divorce, or that the divorce awarded you the house. Because if the divorce awarded it to the two of you, the analysis changes.
Based on that presumption (as well as a presumption there is no lease), he has no more rights than a tenant based on an oral lease. You can file an eviction action. You might first want or need to give him notice to vacate with a reasonable time frame to vacate. If a court were to construe him to be on a month-to-month oral lease, you would typically need to give him written notice to vacate by the end of next month, then you could file the eviction. If you went straight to eviction court without written notice, the judge might dismiss it & require you to give him notice & pay another filing fee. But chances are your ex will realize you're serious & move out. If he has physically harmed you or threatened to do so, you can circumvent that & get a restraining order.
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