Can my ex fiance bring someone into my home without my permission? 10 Answers as of January 24, 2013

Both of our names are on the mortgage. If I don't want someone to enter my home, does she have the right to allow them to come in?

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Law Offices of Mark West
Law Offices of Mark West | Mark West
Is here name on the deed as well as the mortgage. That would be strong support for her having an equal right to use the property as she desires, just as you do.
Answer Applies to: California
Replied: 1/24/2013
Universal Law Group, Inc. | Francis John Cowhig
If she owns the property and lives there, she has the right to invite anyone she wants to.
Answer Applies to: California
Replied: 1/23/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If you are residing there and your ex fiance is not, she does not have the right to disturb your exclusive use and quiet enjoyment of the property. However, if she is on title, as a part or total owner she does have rights to enter the property for inspection, repairs, maintenance, etc., but to enter the dwelling she needs to give you a minimum of 24 hours advance notice.
Answer Applies to: California
Replied: 1/23/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
The names on the mortgage are really irrelevant. The issue is ownership and possession of (not debt against) the Subject Property; therefore title and tenancy of the Subject Property will be the key factors. Nonetheless if you are continuing to live with your ex-fiance and allowing him/her to reside in the Property, then that occupant is entitled to equal enjoyment of the Property. If this living arrangement is not working, negotiating alternative living arrangements (or pursuing a court order for the same) makes the most sense.
Answer Applies to: Nevada
Replied: 1/23/2013
Ken Love Law | Kenneth Love
Who's name is on the mortgage is irrelevant. Who's names are on the deed is what matter. If her name is on the deed, then she has the right to enter the home and bring whomever she wants unless you have an agreement that prevents this. If her name is not on the deed, then the opposite is true.
Answer Applies to: North Carolina
Replied: 1/23/2013
    Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership
    Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership | Valerie L Kramer
    Whose name is on the mortgage isn't the issue. The real question is who is on TITLE to the property. A co-owner has an equal right to use the property and invite guests. If you are the sole person on the TITLE, then you have the right to say who may live in the house. I would need to review all the facts with you to be certain that your ex-fiance has no other rights of which I'm presently unaware, though.
    Answer Applies to: California
    Replied: 1/23/2013
    Law Office of Peter Holzer | Peter Holzer
    More importantly, is she on title. If not, then she cannot. If she is, then she has as much right as you to the possession of the property.
    Answer Applies to: California
    Replied: 1/23/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    If you both own the house, she has equal access to it.
    Answer Applies to: Delaware
    Replied: 1/23/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You say both names are on the mortgage. Are both names on the title as well? In other words, does she own half the house? If yes, then she can bring guests into her house.
    Answer Applies to: Idaho
    Replied: 1/23/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Oh, you have some big problems here. In New Jersey, you would have to make an agreement with her to sell the house, or have you buy her share of the house, or she can buy your share. If not agreed, then you have to file a lawsuit to get it sold and divide the money.
    Answer Applies to: New Jersey
    Replied: 1/23/2013
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