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  1. #1
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    Domestic Dispute - Advice?

    All right, everyone. I am in uncharted territory and want some opinions. I will try to keep this short.

    Cliffs:

    I want my non-lease holding girlfriend out of my apartment. I don't know my legal rights in the event I kicked her out.

    The short version:

    My girlfriend and I have been living together for roughly 2 years in Virginia. We have decided that this arrangement is no longer functional, so she will be moving out. Some of her belongings are boxed up and have been literally for months. I have been very patient, and sympathetic, to her staying in my apartment while she gets her affairs in order to include lining up a new place to stay. This has been going on for far too long now and I want her out. I care about her, but the time that has passed is unacceptable. I feel as though I cannot move forward in anything I do as long as she is in this transitional state.

    If I were to be truly pissed off at her, and kicked her out, what are my rights? She is a registered as an occupant but is not a leaseholder. Further, Virginia is not a common-law marriage state, so I'm good there. Her driver's license lists our place as her domicile, as do her Checks, and bills (Bank, cellular phone, etc.) Is it within my legal right to, say, move all of her belongings into a U-Haul and change the locks, and never speak to her again if I so choose?

    On a side note, when my ex-wife and I split years ago, she was fully out the door in 3 days. She didn't even have a car and managed just fine. I suppose that's one extreme. This situation is the other extreme. My girlfriend, though a good person at heart who is fun, is the polar opposite of proactive, is very defensive, and the most responsibility-shirking person I have ever known. She has good qualities too - it's why we're still technically together - but she's got to get out of my place.

  2. #2
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    Maybe you can fix the relationship. Just grabbing at straws for you, dude.

  3. #3
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    Her moving out will be the best fix I can fathom for us both. This is a very mutual feeling... first mentioned by her, and now championed by me. She needs to get out.

    Anyway none of that is the point Thanks anyway

  4. #4
    A friggin fish! LOL buswwa's Avatar
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    Check into your local housing laws. It sounds like she is a legal resident of the domicile, therefore you would have to go through an eviction process (serve her notice which would mean paying a sheriff to do so) through the courts. The other method is to just make her want to leave. If she's still comfortable, she wont go. Unfortunately, even though you want to keep the relationship, typically this is the beginning of the end. Just what you said about not being able to move forward while in this transitional state sounds like you want her out so you can find someone that makes you happy. I have been through the evicting a roomie/girlfriend thing, and its just my .02 cents on the rest. Good luck.

  5. #5
    O U 8 1 2 Spaz's Avatar
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    Quote Originally Posted by RandomOmen View Post
    Her moving out will be the best fix I can fathom for us both. This is a very mutual feeling... first mentioned by her, and now championed by me. She needs to get out.

    Anyway none of that is the point Thanks anyway
    tell her she got a week to move out... if she isn't out call the police... what ever she doesn't have out of your house after that week is yours...

  6. #6
    O U 8 1 2 Spaz's Avatar
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    Quote Originally Posted by buswwa View Post
    Check into your local housing laws. It sounds like she is a legal resident of the domicile, therefore you would have to go through an eviction process (serve her notice which would mean paying a sheriff to do so) through the courts. The other method is to just make her want to leave. If she's still comfortable, she wont go. Unfortunately, even though you want to keep the relationship, typically this is the beginning of the end. Just what you said about not being able to move forward while in this transitional state sounds like you want her out so you can find someone that makes you happy. I have been through the evicting a roomie/girlfriend thing, and its just my .02 cents on the rest. Good luck.
    if her name is not on the lease agreement she is not legal resident... even if she pays rent...

  7. #7
    doesn'tplaywellwithothers superchargedblackgto's Avatar
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    Quote Originally Posted by ReBop View Post
    Maybe you can fix the relationship. Just grabbing at straws for you, dude.
    I disagree with Ms ReBop here....Dude, be corgile about ti and give her a time frame, like 2 weeks or the crap is going on the porch....tell her she has had more than enuff time to make arrangements.....
    On a side note is she still upping it to you?...If not throw her out within the next 5 min....if so give her the 2 weeks.
    Dr.Phil

  8. #8
    A friggin fish! LOL buswwa's Avatar
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    Again, I dont know the laws in that state, but in CT if she is listed as occupant, and address is on drivers license, checking account, phone bill etc, she is considered a legal resident. Also more then 6 months of residence. But thats up here, and the laws here suck most of the time.

  9. #9
    O U 8 1 2 Spaz's Avatar
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    Quote Originally Posted by buswwa View Post
    Again, I dont know the laws in that state, but in CT if she is listed as occupant, and address is on drivers license, checking account, phone bill etc, she is considered a legal resident. Also more then 6 months of residence. But thats up here, and the laws here suck most of the time.
    i can't see how that would ever hold up as a law... people could probably use that to claim tax write offs...

  10. #10
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    I've spoken with the apartment complex. The manager said they've had tenants evict non-lease holder occupants before with the help of the police, but it gets touchy if it's obvious the occupant has official residence there. I was advised to tell her to GTFO and if she doesn't comply, call the police.

    Anyway. Before this point I have been cordial and time tables to move have been set up before. They don't get adhered to for any number of reasons, and I won't cast blame though it's tempting. I'll admit part of the problem is I have trouble enforcing the ramifications of not following the time tables, mostly because I do care about her but secondly because it's easy to be sympathetic when you have an attractive woman running around half naked. Just saying.
    Last edited by RandomOmen; 06-18-2008 at 01:22 PM.

  11. #11
    Member th4's Avatar
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    How long has this been going on? When did the relationship end?

  12. #12
    A friggin fish! LOL buswwa's Avatar
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    Quote Originally Posted by RandomOmen View Post
    I've spoken with the apartment complex. The manager said they've had tenants evict non-lease holder occupants before with the help of the police, but it gets touchy if it's obvious the occupant has official residence there. I was advised to tell her to GTFO and if she doesn't comply, call the police.

    Anyway. Before this point I have been cordial and time tables to move have been set up before. They don't get adhered to for any number of reasons, and I won't cast blame though it's tempting. I'll admit part of the problem is I have trouble enforcing the ramifications of not following the time tables, mostly because I do care about her but secondly because it's easy to be sympathetic when you have an attractive woman running around half naked. Just saying.
    There in lies the real problem. If you want her out, her being nekkid shouldnt matter. If you really want her out, you have to forgo the pleasures of the flesh so to speak. Woman have two ways to sway men (as far as I've seen) that work sure fire. One is ass, the other is tears. To kick a woman out, you must ignore both. Ask my ex wife.

  13. #13
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    I say pics are in order. Then maybe we can see why your keeping her around.

  14. #14
    Senior Member JonB's Avatar
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    Quote Originally Posted by RandomOmen View Post
    I've spoken with the apartment complex. The manager said they've had tenants evict non-lease holder occupants before with the help of the police, but it gets touchy if it's obvious the occupant has official residence there. I was advised to tell her to GTFO and if she doesn't comply, call the police.

    Anyway. Before this point I have been cordial and time tables to move have been set up before. They don't get adhered to for any number of reasons, and I won't cast blame though it's tempting. I'll admit part of the problem is I have trouble enforcing the ramifications of not following the time tables, mostly because I do care about her but secondly because it's easy to be sympathetic when you have an attractive woman running around half naked. Just saying.

    Had a similiar situation with my ex. To make a long story short we were toghter for a few years then moved in toghter and shit went sour. My name was on everything, lease, electric, phone, cable. She was listed on the lease as a roomate(theres another legal term that they use on the lease I just don't remember what it was) so had to get her off it. To do that both me and her had to go to the apartment office and sign some paper work, not sure if that would have given her any legal edge to stay but she was willing to sign off on the paper work without much of a fuss. I moved out for about 2 weeks in which when I came back she was to have all her shit out she gave me some shit about not being able to find a place. That some stuff would have to get left behind and gotten at another time, I told her bullshit you and everything that is yours is to be out, If you leave anything behind it will be thrown out so don't bother coming back for it. Also changed the locks the day I returned, just in case. Just stand your ground and tell her to GTFO, if she does't put all her shit out side the door change the locks and be done with it.

  15. #15
    Impounded 86 IROC-Z's Avatar
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    Just kill her. Less hassle. And it could be fun thinking up creative ways to do it.

  16. #16
    Senior Member SeVeReDiStOrTiOn's Avatar
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    Since she's not on the lease all you need to give her is 30 days...if this goes to small claims for whatever reason most judges will see that as a reasonable amount of time. Sometimes not even that long but she has been living there for 2 years...soooo yea. Bring a witness along when you tell her she has 30 days and you'll be golden.

    And yea I watch Judge Judy byoutches

  17. #17
    Random Pics King FSANE's Avatar
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    Just do what I did..Put your Foot down.

    I told my ex she had one week to get her shit out of the House. The House is on my name and she was only on the Deed. (she has been removed) And she was driving my CAR because it was Registered, insured and Finance on my NAME. I told her one week to get her shit out or I am throwing it out and One week to return the car or I am reporting it STOLEN!

    Her being as a COP, last thing you want is to get pulled over in a Stolen Car. Big NONO!!

  18. #18
    Slow'er'Ass Mr. Luos's Avatar
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    #1.
    Common Law Marriage.
    No idea of your state laws, but this may come into play.

    #2.
    Nudist.
    Are we talking completely nude?? If so, I see your point.
    But I would like pictures to verify.

    #3.
    It isn't working.
    Why?

    #4.
    Sex.
    Anyone else lined up??

    #5.
    Domestic Dispute
    What do you tell a woman with two black eyes?

  19. #19
    Bone it like you own it FORD RECOVERY EXPERT's Avatar
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    Quote Originally Posted by redls1 View Post
    I say pics are in order. Then maybe we can see why your keeping her around.
    ...

  20. #20
    Rice Killa JwMonE99's Avatar
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    Quote Originally Posted by redls1 View Post
    I say pics are in order. Then maybe we can see why your keeping her around.
    Very well said

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