Memphis, TN asked in Civil Litigation and Landlord - Tenant for Arkansas

Q: Can my mother in law tell me to pack my stuff and get off her property which is a house that she built for my wife and I

My wife and I have been married for 10 years. She built a house for her and I which I thought was put in my wife’s name but obviously not. So I got arrested for some charges that will all be thrown out but none the less she’s telling my wife she wants me and all my stuff home by December 31st. That’s less than a week away

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If the house you're living in is legally owned by your mother-in-law and not in your or your wife's name, she does have the right to ask you to leave. However, as a resident of the property, you are entitled to certain rights, including proper notice before being required to vacate the premises.

The specific notice period required can vary based on local and state laws. Generally, a landlord (in this case, your mother-in-law could be considered as such) must provide a written notice and allow a reasonable time for you to vacate, which often is 30 days. Since she's asking you to leave in less than a week, this may not comply with the legal requirements for notice in your area.

It's advisable to review the situation with a legal professional. They can provide guidance based on the specifics of your case and the laws in your state. If you believe the charges against you will be thrown out and this is impacting the situation, it's also important to communicate this to your mother-in-law, possibly with the assistance of an attorney. Remember, handling this situation legally and amicably, especially considering the family dynamics, is important.

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