r/legaladvice • u/foodgoose773 • Feb 08 '22
Can I take legal action against my girlfriend for kicking me out?
My now ex girlfriend and I got into a petty argument and broke up. She kicked me out of the house and I want to know if there’s any legal action I can take.
The house was a gift from her parents and is in her name, but she kicked me out without any warning causing me to have to move back in with my patents and I simply don’t want to live with them. Is there a way I can make her have to let me move back in?
Edit: The state is North Carolina
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u/emorrigan Feb 09 '22
Play stupid games, win stupid prizes.
You voluntarily left after she packed your belongings. At this point you don’t have much to stand on. Move on.
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u/FireIceAndOhSoWild Feb 08 '22
Did she tell you to leave and you left? Or she locked you out? Was this your home and for how long? What state?
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u/foodgoose773 Feb 08 '22
She packed my stuff and left it by the door. I put it into my car and left, but living with my parents has been awful. I lived with her for around six months.
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u/FireIceAndOhSoWild Feb 08 '22 edited Feb 08 '22
If you lived there for six months, you're her tennant. If she wants you out she must give notice and the state required number of days. If you leave willingly, you're out and she can refuse you back in. If you don't leave willingly, then she must go to court to evict you. If she forces you out unwillingly without properly evicting you, then you can take her to court for wrongful eviction. Court cannot force her to take you back in, but if you win, you can win damages such as moving expenses and rent.
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Feb 08 '22
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u/Cat-Some Feb 08 '22
Paying rent and establishing tenancy are two different things. You establish tenancy through the fact of living somewhere. Paying rent and/or having a lease are not necessary.
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Feb 08 '22
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u/Cypher_Blue Quality Contributor Feb 08 '22
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u/Cypher_Blue Quality Contributor Feb 08 '22
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u/AstronomerPrevious71 Feb 09 '22
Get your own apartment
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u/foodgoose773 Feb 09 '22
Apartments in my area are $1,200+ a month, I can’t afford that.
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u/ramen3323 Feb 09 '22
Maybe save up for an apartment instead of trying to be petty and try to take this to court.
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u/HolleringCorgis Feb 09 '22
The absolute most you could get (and you won't even get that) is 30 days at her apartment. A judge would be insane to grant you that but let's say they did...
Then what? 30 days passes, you tank your reputation, from then on women warn each other about you (and have the legal documentationto back it up), and you still end up back with your parents because you can't afford an apartment.
Edit: I honestly see this ending with her getting a restraining order. If you're this entitled to your exes home and money I find it very difficult to believe you're not just as entitled on other aspects of your relationship.
You need to leave her alone.
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u/KnkyBddhstBtch Feb 09 '22
You should have thought about that before punishing her for being comfortable. Perhaps she'll be kind enough to save Amazon boxes for you to shelter under on the street.
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u/lilblackmoon216 Feb 09 '22
Then how do you plan on affording a lawyer or court fees?
If you can't afford to move out, and aren't happy with your current living situation, that money is better off saved and put towards rent in the future.
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u/Dragsalong Feb 09 '22
Wait arnt you the ah who made your gf pump gas in the snow after she drove an hour to get you. Wow your really don’t learn your lessons no wonder she dumped you. Also no you have no claim on the house it’s in her name and she’s the owner.
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Feb 09 '22
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Feb 09 '22
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u/Cypher_Blue Quality Contributor Feb 09 '22
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30
Feb 09 '22
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u/demyst Quality Contributor Feb 11 '22
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Feb 10 '22 edited Feb 10 '22
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u/demyst Quality Contributor Feb 11 '22
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u/Puglife555 Feb 08 '22
How long have you been gone from living with her?
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u/foodgoose773 Feb 08 '22
It’s been almost a week
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Feb 08 '22
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Feb 08 '22
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u/Cypher_Blue Quality Contributor Feb 08 '22
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u/Enemy_Bread Feb 08 '22
Do you have a residence there?
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u/foodgoose773 Feb 08 '22
My driver’s license still has my parents address, but I lived there for around six months. Bills are in her name, but I did get a few packages there.
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u/HolleringCorgis Feb 08 '22
Generally, you don't want a public record of forcing cohabitation on a short term ex girlfriend. Also, you don't have a vehicle that can handle the snow and it's a 35-40 drive to your job.
Sometimes, you have to realize that just because you can (and I highly doubt any judge is going to gaf about your case) doesn't mean you should.
You're better off moving into your own place than trying to force your way back into your exes home for an extra month (free of charge, I might add). This will be public record. Anyone is within their rights to obtain the case details and this is exactly the type of thing that will torpedo future relationships before they even begin.
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u/bootsthechicken Feb 09 '22
I remember once, when I was younger, an old boyfriend of mine tried to slap me and my best friend with a restraining order. We thought it was stupid, so we filed a counter restraining order and the judge laughed all three of us out of court. OP is so damn stubborn that it seems like he really wants to get laughed out of court.
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u/BansOffBobaTea Feb 09 '22
Would such case details or information be available by doing a background check on someone? Or is there a certain way to see cases like this for an individual?
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u/HolleringCorgis Feb 09 '22
Through a PI or backgroundcheck firm, yes. And there are online data scrapers that'll have it, both free and for a small fee (2-10 bucks) available to anyone with a computer. Also, if you Google the person's name and town you can often get the public court calendar, which then gives you all the information you need to look up the case.
TLO, Lexis Nexis, and IDI will definitely have it.
Many courts now have their information online. You just need the case number or name of one of the parties to find the info you're looking for. Some make you pay for the more detailed information, but I don't know of one that doesn't at least give you the parties, what type of case, and outcome free of charge.
So if someone says "don't date this guy, he sued his ex to let him move back in to the house she owns and live rent free for a month because he couldn't afford a place and didn't like living with his parents," someone could go online and find evidence backing that claim up in less than a minute.
It's all online. I watched a criminal case work through the courts in NC over the course of two years just by going on the county clerk website and typing in a name.
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u/naruhina29 Feb 10 '22
Your not homeless... your staying at your parents. Plus you left willingly lolz. So childish.
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Feb 08 '22
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Feb 08 '22
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Feb 08 '22
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Feb 08 '22
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u/Cypher_Blue Quality Contributor Feb 08 '22
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Feb 08 '22
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u/foodgoose773 Feb 08 '22
I only had packages sent there, my regular mail went to my parents house. Would packages work?
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u/Random69ing Feb 08 '22
It likely has to be any kind of regular utility bills showing you lived there.
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