1 Resident Trying to Evict the Other.

Isn't Ohio a common law state? I would leave, get whatever aid you can and get child support and alimony. Why stay where you are not wanted. This will be a good time for you to get some kind of training for a job that pays more so that you will not have to depend on anyone again. You are you kids example. Don't teach them to fall into the same trap you fell into. Since the 2 of you aren't married things work differently. He doesn't have the same obligation to you as he would if you were married. Good luck.

I found this on a pamphlet about Ohio Landlord-tenant law

Ohio State Legal Services Association
555 Buttles Avenue
Columbus, Ohio 43215-1137
###-###-####
(800) 589-588

give them a call and explain what is going on. They will probably have better answers than any of us.

I think it all depends on whose name/names are on the lease/rental agreement. If both your names are on it I would guess it would be much harder for him to evict you. If he's the only name on the lease then it will probably hold up in court. But call the above number for a definitive answer on the situation.

Hope that helps and good luck.

Personally I wouldn't want to stay where I am not welcomed and while I may have lived in a particular place for x years. I would gladly walk away for peace of mind. That is just how I operate. I don't wait for someone to pull the rug out from under me because they perceive they have the upper hand. I choose to take control of those things I can control. While you may not make enough money to pay rent at that location you may need to figure out what you can pay and start saving up to separate yourself from this "man" of yours.
UPDATED
Legal aid has already said he can have you evicted. You need to be smarter than him and get custody of the kids, find a place to live that you can afford, and file also for child support. He doesn't automatically get custudy and neither will you you have to petition the courts for that and when you do also file for child support they are two separate matters.

Get the information you need to move forward and plan your work and work your plan. Don't panic but arm yourself with information and plan out what you intend to do along the way. I'm praying for you. I'm absolutely furious with the way he is treating you.

A lawyer told you he can so you come to us, no lawyers here, asking what we think? Why? You already know the law because you have been told by a lawyer. He can evict you!

If you want sympathy, oh yeah, what he is doing sucks!

Now get an attorney!! Like yesterday!! You never married so you have no protection under the law for property rights. What you do have is kids and you will have to work out custody and support! Don't dwell on what you cannot control and throw yourself into what you can!

Right now he can not only kick you out of the house according to the attorneys at legal aid but not sure if you asked, he may be able to kick just you out and assume informal custody of the kids therefore no support for you. Then again you have a legal right to take them with you as well. Do you see where your real pickle is?

To recap, if the attorney's you spoke with are right you are out! Get custody and support!

Just called my landlord about this because he's cool like that... yes, he can evict you. Even if the home owners said you can stay, until everything's in your name and your name alone, yes, he can evict you!

You need to get an attorney, a job, a place to live, and child support.

Jo pretty much said it all!

I have no idea how that works... but Im "guessing" that if he does actually take it to court they would make him have a better reason than that to make you leave.

How is it set up with the neighbors? Do you/ him/ both of you have a written lease? Do you have anything in writing about the living arangements?

How is the money both of you are making being spent? All bills split evenly? or is the money you make yours to spend how you want and not go towards the house? All of that "may" play a part... if you make money but none of it helps the household monthly bills and he pays 100%.

Like I said unless you are free loading off of him ( so to speak) then I doubt the court will make you leave. He would have to have a solid good reasoning for making you ( does he want the kids to stay or go with you?) leave. Im guessing the court would throw it out if he doesn't.

I would suggest finding a lawyer that will do a free consult and talk deeply with them about it to find out for sure what he can and can't do legally!

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After the nasty PM I just got ( not from M.) I didn't mean to say you were "free loading" off of him... I meant that more from where he would be coming from/ his pov. Hope that is cleared up... I didn't mean for it to be mean or rude!

I'd be hard pressed to find a court that will allow a person who doesn't own a property to evect anyone.

The property OWNER does have the right to evict whom ever for cause but I'm thinking that there has to be cause. Now, your husband can divorce you, but even then, since he doesn't "own" the house he cant really evict you unless there's a stipulation in the decree that you no longer live with him.

Bottom line...if the owner is saying he would evict you and your husband doesn't care, why would you want to stay there?

Your husband, as far as I can tell, can't kick you out of the residence or evict you. It's the property owner that can do that...

I welcome some one who can tell me definitively and where they found that out.

Sending good thoughts your way.

I think I would ask the home owners what their position is on the situation. If they want you to stay or him to stay.

I think as the home owners they would have the final say. Sorry you are going through this.

Go to a local women's shelter, I hate saying that, beyond hate. Each and every shelter I have ever helped anyone get into has been run by female bullies. The only difference is they don't hit you or call you names. They do want to run your entire life, from the time you get up until they tell you what time you have to leave work. But in this instance they may be able to help you get on the waiting list for low income housing, help with an attorney to file for perhaps getting joint money or property from him that he may not let you have when you leave, or any other thing that may come up.

You need to go apply for food stamps and medical cards on the kids if needed and they will file the child support papers on him. Even if he contests it they will make him pay and it will come out of his check before he gets anything. Make the system work for you.

I don't know about OH, but in California, he could evict you. You are kind of like a sub-tenant. A landlord does not have to have a reason to evict a tenant. The property is theirs and they can take it back, so to speak, any time they want for no reason at all as long as they comply with the notice requirements spelled out in the rental/lease agreement. And the fact that you have two kids together, I don't think will matter. Your problem is that you were not married. In California, I think this matter would have to go before a family law court to get exclusive possession of the home because you do co-habitate, but not all states recognize the relationship between unmarried people.

You should check with your local courthouse. Often they have an eviction specialist or some type of clinics that you can attend.

Good luck!

You are in a tough spot. Not being married and not having any of the utilities in your name is not good. He could file for an eviction but they take time and tenants have more rights than landlords (including him, this might be considered a sublease). You would then have to go before the judge and explain what’s going on, I do not think any judge would throw you out.
Since there is no common law marriage in OH you are up a creek without a paddle. Would he really throw out his own children? Talk to the legal aid and find out exactly what your rights are in this situation. If the children are his then he will have to pay child support and you can use that towards rent.
I am not sure if the current owners of the home can help, since you do not have a verbal contract with them.

I dont' know if he can evict you since its not his property. I would think the landlords would be the ones to do it. Although it was just you and him living together and got into a huge fight, he could ask you to leave since the house was in his name.
Can you find an apartment somewhere relatively cheap? Sometimes with apartments, you don't have to pay all utilities. You could get groceries at a discounted store like Save-A-Lots or Aldis. You can find nice clothes at places like Play it Again Sports or Platos Closet and places like that. i bet you can do this on your own even though things might be tight.