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Eviction Common Law SD

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  • Eviction Common Law SD

    I have resided with my signifigant other for over a year and utilized his address for the same time frame. No lease was utilized. We took a turn for the worse and I am moving out. He is handling this in a distorted manner and wants me out within a few days. Can someone tell me what process he has to take for eviction and if it is a common law, how many days I have to vacate, does it protect my belongings and such. I am packing as fast as possible. We had a blizzard this past weekend and snow is still being clear - I have to get a place and move.

  • #2
    Re: Eviction Common Law SD

    An eviction is a court action. He cannot evict you until he has gave you a "notice to vacate". Now depending on state this can be 30 to 60 days. So he does not have a legal grounds to act on at this point. I will also add if you have common law in your state the home might be community property meaning you have just as much right to be there as he does. Contact an Attorney familar with both common law and rental law. In meantime tell hubby to pound sand he cannot evict you as he ha snot followed the legal process as of yet.

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    • #3
      Re: Eviction Common Law SD

      You don't have to move out merely because he told you to. He will have to utilize the court to force evict.

      Stay put.

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      • #4
        Re: Eviction Common Law SD

        Obviously, you don't want to wait for a court eviction. Once filed, it remains a part of your court record for years to come and will prevent you from obtaining new housing. That only ruins your chances at getting good housing in the future. LLs with nice properties will not rent to people with evictions on their records. You do want to move out before an eviction is filed. And obviously, since the atmosphere cannot be positive there, you probably want out as fast as possible.

        Still, you do not need to rush out of the unit. Since you have established residency there and have no lease, you are a month to month tenant, or a tenant at will. In SD, the law requires that he give you a one month notice to vacate the unit. Sunlover has given you the legal answer that he must serve you with this notice prior to filing any court action (eviction) against you. Keep packing and look for a place to move as soon as possible. But until he serves you with this notice and waits the month for it to expire, he cannot file an eviction against you. If he did, it would be thrown out of court for lack of proper notice. You should have 30 days to move out once he hands you that notice. Good luck finding a new place to live quickly.

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        • #5
          Re: Eviction Common Law SD

          Only a few states recognize common law marriages:
          Alabama
          Colorado
          Georgia (if created before 1/1/97)
          Idaho (if created before 1/1/96)
          Iowa
          Kansas
          Montana
          New Hampshire (for inheritance purposes only)
          Ohio (if created before 10/10/91)
          Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
          Pennsylvania (if created before 1/1/05)
          Rhode Island
          South Carolina
          Texas
          Utah
          Washington, D.C.

          If you do not live in any of these states, you have no common law marriage.

          Obviously the best solution for all is for you to find a place of your own to rent, as the living situation is most likely very stressful and unpleasant. It's unrealistic for him to expect you to move out at the drop of a hat, so the most reasonable thing would be for him to advise him of a move out date. Say, 3 weeks, or 30 days. The less time you have to live with him, however, the better.

          Moving in the winter is no picnic, but it must be done. If not, this will only get uglier.

          Good luck to you.

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