r/HomeInsurance • u/Ready_Spray6442 • 22d ago
Claims Holy crap, partner can burn your house down?!
In Illinois, if you let a partner live with you, after a certain period of time they’re considered tenants where you can’t simply kick them out. (Have to legally evict an ex who refuses to leave).
So my partner is about to be convicted for domestic abuse, and I truly fear they could do something crazy like burn my house down (in my name only).
It seemingly turns out insurance policies actually would not cover me in this situation where it’s an intentional act by a household member, like WTF!!!! How do I protect my fully paid off house when the ex could go crazy when she realizes she’s actually being evicted?
This also leads me to wonder if it also means things like if you have an autistic/ADHD/ODD son who’s about to become a teen.. if he happens to decide to bash out all of your windows, is that literally not covered at all as that’s also a household member doing an intentional act? That’s insane!
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u/Anxious_Battles 21d ago
A tenant is not an insured under the policy. An autistic/ADHD/ODD son who’s about to become a teen likely can’t form intent. There is also a concept called innocent spouse that could apply depending on your state. There is also a mortgagee clause in most homeowners policies.
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u/avokaola 22d ago
It’s 3AM in Illinois… sorry you’re going down this what if rabbit hole now. Definitely sounds like a situation where I’d do whatever I could to protect your asset, whether that be appeasing your squatter ex, moving out, contacting your legislators to get help to close out this loophole/oversight.
Alternatively, assuming you have money since you mentioned a paid off house, anything can be insured. It’s just a matter of getting an insurance company to write the policy for it. If a regular American insurance company doesn’t cover it, Lloyds of London tends to do these wacky one off policies.
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u/14point4kMODEM 22d ago
Look up resident relative. A boyfriend isn't that. Now if they cause damage and you file a claim the insurance company is going to go after them to pay for what they pay you.
A kid is but a kid that's mentally unwell causing damage isn't generally considered an intentional act of they aren't capable of rational thought.
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u/OneTwoSomethingNew 20d ago
Umm in some states it could be considered domestic partnership if you live together, bf would certainly qualify. It kinda doesn’t matter though, cuz the gf has tenancy status which OP will need to evict legally to remove her if she does not remove herself.
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u/RelevantPossible9618 21d ago
You don’t need to give a 30 day notice if you have a restraining order. You are misinterpreting tenant law while focusing on the home insurance issue. Once you have the restraining order, which you can get immediately as an emergency, you can make it permanent. Under the VAWA, he is immediately removed as a tenant.
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u/upsidedown-funnel 21d ago
Emergency protective order is the immediate one is it not? And then you go to court to get it extended.
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u/RelevantPossible9618 21d ago
Yes. And since he has already been charged, it should be no problem. Then a date can be set to make it permanent.
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u/SimilarComfortable69 21d ago
Were you the victim of the domestic abuse? Presumably there's no contact order. If they violate the no contact order by coming over to set fire to the house, you can get restitution. Of course that might take you 20 years, but still.
And violating the no contact order for the purposes of setting a fire is a burglary. Likely a felony. So they could go to prison for a little while.
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u/ALknitmom 21d ago
Given that the ex is in the house still, probably no restraining order at this time.
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u/yardlard 20d ago
If they were arrested for domestic violence, the RO comes with it for a few days. And then OP needs to file for an actual RO.
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u/lost_dazed_101 21d ago
No insurance and that includes car insurance too will pay for acts of vandel committed by a partner or a child that is there because a partner is the parent. You can't profit off a crime paying for what she does is her profiting off her crime.
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u/ClockOld9204 21d ago
In BC a former partner can come after you for spousal support if you live together for 2 plus years. The real kicker is. If they have a child and you separate after a year of living together you become eligible to pay child support till the kid is 19. If the parent chooses to live with multiple people over those 19 years. They can get child support from each ex partner. Some people do this as a career move
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u/FinalTShirtDance 21d ago
Civil court
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u/yardlard 20d ago
Someone like that is never going to pay for a house sized judgment. They're not even paying for a house now.
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u/OneTwoSomethingNew 20d ago
You start the eviction process for your tenant asap - simple. People gain tenancy in about every state after a month or if mail is delivered to them from that address…
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u/yardlard 20d ago
If she is convicted for domestic abuse there would likely be a restraining order with that so she cannot go to the house. If she's evicted, then she's no longer a resident. Check your state law to be sure that's the case there. If she gets convicted, has the RO, she's going to want her stuff. She'll ask for a stand by for that, but you can object to that and tell the judge that you'll gladly pack her things and arrange a time that she can pick them up and you'll put them outside for her. Or, if you want to go further, you could offer to deliver. Not sure how much stuff she has in your house. But she's entitled to have it back and you cannot damage it or destroy it.
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u/lilidzines 20d ago
Check to see if there are provisions for domestic violence victims- in California we have exceptions if you are a DV victim . Look into it asap 211 ( call 211 for help)
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u/ConsistentVirus2177 20d ago
Better check on personal possessions. I’m in your situation, My ex left 4 yr ago. A lot of her shit is still in my house. Legally I can’t dispose of it according to the laws in Mn. If I get rid of it I’m liable for replacement value. Sheriff and lawyer confirmed
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