If my fiancé and I have lived toghether for 2 years but now we are splitting up, since she wants me to leave do I have to be legally evicted?

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If my fiancé and I have lived toghether for 2 years but now we are splitting up, since she wants me to leave do I have to be legally evicted?

Asked on January 12, 2013 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Who has legal possession of the place where you live, and do you pay rent or are on a lease?

1) If your finance owns the home or is the tenant and you do not pay rent to either the landlord (if she has a landlord) or to her, you are a guest, not a tenant. She can ask you to leave at any time, without prior notice or warning. If you do not leave, she cannot simply lock you out, but can immediately bring an "ejectment" action in court to remove you--ejectment is essential eviction for non-tenants.

2) If you both own the property, neither can make the other leave, though it may be  possible to get a court order requiring the property to be sold and the proceeds of the sale divided according to your relative ownership interests.

3) If you are both on the lease together from the landlord, she cannot make you leave--only the landlord can evict you, and only for good cause (e.g. nonpayment; destruction of property; disturbring the peace; etc.).

4) If you rent from your fiance, then--

a) If there is no lease, you are a month to month tenant or subtenant  of hers, and she can give you 30 days notice terminating your tenancy, then  bring an eviction action if you won't go.

b) If there is a written lease, she can only evict you for good cause (nonpayment, etc.) or as provided for in the lease, or when the lease expires.

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 AttorneyPages.com 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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