Dear obpainterman-ga;
Thank you for allowing me an opportunity to answer your interesting
question. Keep in mind that, as our disclaimer indicates, our policy
prohibits us from offering legal advice. What you will receive here is
the result of research about published law and circumstances similar
to the one you are experiencing. For best results of course you should
always consult an attorney (I?ll speak more about this in a moment).
From what you described about your ?relationship? with this woman and
the fact that you are the sole owner of the property, it certainly
appears that you have no legal obligation to this woman or her child.
At this point she is essentially an unwelcome guest. The fact that she
is ?paying cash? (presumably for her share of the mutual expenses)
does not necessarily make her a tenant, nor does it automatically make
her subject to tenant rights and protection issues. Likewise the fact
that she is paying does not necessarily entitle her to interest or
access right to the property that you own.
As a guest who has apparently overstayed her welcome, all you would
need to do is order the woman to leave or face potential trespassing
charges. If she refuses to do so, simply call the police. In New
Jersey the Prevention of Domestic Violence Act, codified at N.J.S.A.
2C:25-17 (1982) criminal trespass is established as a domestic
violence issue if the trespasser and victim have (or have had) a
mutual relationship.
NEW JERSEY DOMESTIC VIOLENCE
http://www.divorcehq.com/articles/njdomviolence.html
Clearly, domestic violence issues are taken quite seriously in this
state and do not extend only to those who are married or divorced.
Domestic violence issues also extend to issues arising between
unmarried cohabitating couples, between family members, between
boyfriend/girlfriend (or boy/boy, girl/girl, etc). Your situation
falls in this category.
In most states the police are REQUIRED to take MANDATORY ACTION in
most instances of domestic violence (such is the case in my state
also, where I have been in law enforcement myself for the past 20+
years). If you call the police there is little doubt that the woman
will be promptly escorted off your property ? especially if she is
causing problems and refusing to leave on her own accord. What you may
do with her belongings is something you can inquire with the police
officer about. You may be required to box it up and place it by the
curb or you may simply have to protect it until such time as the woman
picks it up ? and if she fails to do so by a certain time she may
forfeit her right to it and it can be sold or thrown away.
The bottom line is this: If you want her out and she won?t leave, call
the cops. Plain and simple. As owner of the property and host to an
unwanted guest, you hold all the proverbial cards. I?m not saying it
won?t get ugly, I?m just pointing out that she doesn?t really appear
(in my unlicensed opinion) to have a leg to stand on here.
Now, back to this deal about the attorney: I recommend you contact one
of these entities of the New Jersey Bar Association and see if you can
get a referral to a lawyer who can give you a free or low-cost initial
telephone consultation. Then pose your legal question to the lawyer
and get some ACTUAL LEGAL ADVICE as to what you should do and how you
should go about it.
NEW JERSEY BAR ASSOCIATION ? LAYWER REFERRAL SERVICE
http://www.njsba.com/lawyer_referral/
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
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