Can You Evict a Cohabiting Partner?

If you live with your partner, but decide that it is time to move on, things can sometimes get complicated. In some jurisdictions, domestic partners have joint tenancy rights after a certain period of time. If you and our spouse both have possession of the home, then you may need to use domestic partnership laws or landlord-tenant laws in order to determine whether or not you can facilitate an eviction. If you are in a specifically abusive relationship, then you need to call 911 and report the instance. Rather than facilitate an eviction, some dangerous situations may lead to the arrest of an abusive boyfriend or girlfriend.

If you are not in imminent danger but feel threatened, you may be able to seek an emergency temporary order to remove your abusive partner from the home. You can do this by filing a restraining order at your local courthouse. Chances are that you will need to provide proof of danger in order to enforce the restraining order.

A judge will need to review your claim and either approve or deny the order before it can be active. If the restraining order is approved, this means that your domestic partner will be removed from the premises immediately and will be forced to avoid coming near the dwelling while the restraining order is in place.

If you are successful in receiving a restraining order against a partner, you will want to wait for law enforcement to serve the order along with a notice of eviction from the home that you share. If a restraining order is not possible in your situation, then you will want to review your landlord-tenant laws in your state and then notify your partner about the eviction. If your partner is on the same lease or deed as you, you cannot evict him or her without a restraining order.

Then property must be dissolved under the state's domestic partnership statutes if you are in a situation where your partner is not threatening and you simply need to go through with the formal family court filings in order to split the property and determine who will remain in the home. If you are able to evict your partner, then you will want to issue a certified letter of notice of eviction and the date that the person must vacate the premise.

In this situation, you can file an eviction at your local courthouse if the person does not leave be the desired date. You can also file a writ of possession with your county sheriff if your partner does not vacate the premise as demanded despite the fact that he or she has been legally commanded to do so. Talk to a San Fernando family attorney at Cutter & Lax today if you want more information about how domestic partnerships can influence an eviction.