How to get my boyfriends dad OUT of the house

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NEwYork

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My boyfriend is 20. He lives with his mother and father. They are married, but not together. His father is an alcoholic and a drug addict. He was in and out of a sober home already a few years ago. He steals from my boyfriend, he had to buy a lock and key door knob for his room, even then, he was caught climbing through his window. In the past 2 months, his mother had to call the cops on his father for fighting with my boyfriend. The cops said they couldnt do anything.

What is the process of getting him out of the house. It is a really bad unhealthy living situation that has been going on FAR too long.

Can his mother evict him? Does she need a lawyer to do so? Does he need to get in trouble with the law?
 
I doubt mom can evict dad from his own home. If she wants to divorce the man, that's her business. But, if your adult boyfriend is having problems living with his dad and his mom, maybe he needs to move out on his own. HE doesn't have a RIGHT to live in his parents' home. He lives in their home, they do not live in HIS home.

How easy it might be for mom to get him out will depend on the laws in your un-named state and whether she wants to divorce him or has grounds to obtain a restraining order. However, a divorce may very well require her to SELL the home to split the assets, so there may be an unintended consequence to that action.

If your boyfriend has been the victim of theft, he can call the police.

In the end, he's an adult. Like most adults, when they do not like the situation at home, they can get a job and move out on their own. It sounds like it's time.

- Carl
 
sounds like your boyfriend need to move out if he doesnt like it. Mom needs to file for divorce and an eviction if she wants him out. your boyfriend has few rights here since it is not his home.
 
Lives in the state of New York. And his mother wants him out of the house also... What can she do? The house is in HER name and not his, but they are married. Yes it is time for him to move out. But i am asking how his mother can get his father out of the house. It sounds to me like the easiest way to get him out is to call the cops on him when he is doing something bad and make him go to jail?
 
NY has strict eviction proceedings. Mom needs to read up on how to evict someone buit if they are still married, that may be a problem. She might have to file for divorce first.
 
And even making him go to jail will not kick him out of the house - he'll get to come right back absent a court order to the contrary. They're married - presumably for many years - so the house is a community asset despite the name on the deed. She can't just decide he's no longer welcome and kick him out.

Sounds like she'll have to start divorce proceedings and obtain a court order granting her the house. This will take time. In the meantime, your boyfriend will either have to suck it up, or move out.

And, as I said, a divorce might force the sale of the house to divide the assets. She may decide this is not where she wants to go with this.

- Carl
 
:( my boyfriend has been sucking it up his whole life, hes 20 years old with a head full of grey hairs. What if he gets a DWI? or Gets a DWI and is found with drugs on him? Can the judge order him to rehab?
 
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