Does an adult stepdaughter who lived with mother and stepfather for 15 years in the stepfather’s deeded house have any rights to house?
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Does an adult stepdaughter who lived with mother and stepfather for 15 years in the stepfather’s deeded house have any rights to house?
Mother and stepfather married. For 15 years mother’s adult daughter lived in the same home. House deed is in stepfather’s name only. Mother is nearing death and step father wants adult daughter to move out but she won’t. What can the stepfather do? Should he wait until the mother actually passes away?
Asked on July 6, 2016 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The mother has, as spouse, equal rights to reside in and possession of the marital home as the stepfather. Among other things, that means she can let her daughter live there. The stepfather needs to wait until she passes; then he can instruct the stepdaughter to leave. If she does not, he can file an action for "ejectment" ("ejectment" is eviction for non-tenants; e.g. guests and other people you have allowed to live there without paying rent) to remove her. It would be a good idea to let an attorney help him at that point.
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