How do I get my ex out of my property?

UPDATED: Dec 3, 2011

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How do I get my ex out of my property?

I am the sole owner and I let her live there with our son. He now lives with me. So I texted her giving her the option to purchase or I would start eviction. She replied if I contacted her again she would call the cops for harrasment.

Asked on December 3, 2011 under Real Estate Law, Delaware


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As the sole and legal owner you have every right to request that your ex-wife remove herself from the premises. If she has paid rent (or a form of rent such as the utilities) she is a tenant; if she has been a long term guest than she is what may states deem to be a "licensee". In either event, she must be provided written notice to vacate the premises. If she fails to remove herself by the date specified then you will have to formally evict her. In other words you will have to file for an "unlawful detainer" in court. Once a judge finds in your favor they will issue you a writ of possession (or your state's equivalent). If your ex fails to leave at that point, then you can have a sheriff forcibly do it.

In the interim do not be tempted to use any self-help measures (e.g. changing the locks, removing her belongings, etc). You could be sued for unlawful eviction if you do.

At this point, your best bet is to consult with an attorney who specializes in landlord-tenant matters. They can advise you as to state specific procedures.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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