Evicting someone who doesn't have a lease

[Lars Sommer]

I'll keep this as drama free as possible.

I met a girl who had two kids and we got pregnant. I lived in a condo at the time (I still own it, it's rented out but losing $300 a month and I have a $48,000 special assessment to pay due in March) and we needed room. We went to buy a house but her credit was so bad that if we put her on the loan app we would've gotten denied. Instead, she put up half the down payment and I am the only borrower on the loan and on the title.

She paid half the down payment and half of all the mortgage payments until now and the intention was always that this was her house too.

Well, queue predictable eye roll following bad decisions - we broke up some time ago and it's not going well. At all. I have to get a lawyer just to have access to see my son.

My question is this: If I have a renter (who has kids) who is not on any bills, or mortgage, and there's no lease or any other sort of written or signed agreement, and I am now in financial dire straights and need to sell the house to pay for lawyers fees, how does this shake out? This is no exaggeration: I am already in the process of moving in with my mom to try to get back on my feet financially.

Ideally I'd like to make her an offer: "Buy the house from me at market cost minus your invested equity, or move out in 90 days and I'll cash you out when the house sells."

Help. Seriously, need help here.

Thanks,