What are my legal housing rights as a co-owner of a house? 4 Answers as of June 14, 2011

My ex girlfriend and I own a house together. I have lived here for the past 8 months. She has stayed at her boyfriend’s house. At this point she is trying to move him in here can I stop that?

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
No. I don't think you can stop her. As a co-owner of the house she has as much right to live there and allow whoever else she wants to live there. I see this a lot. It is a very bad situation. The basic ways out are for one to buy the other out and refinance or to agree to sell the property. As a last resort, you can sue for what is called "partition" and possibly force a sale. That's the expensive way. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights!
Answer Applies to: New York
Replied: 6/14/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Probably not, but that is difficult to answer in a vacuum. How is the property owned? Tenants in the entirety, joint tenancy, or something else? What you need to do is move the court for a "partition" action, which in essence forces one of you to buy the other out. You "partition" the house economically speaking, and then move to compel the other party to buy or sell. Of course, before going that route maybe you should sit down with her and discuss one of you buying the other out or selling the property. If she is unwilling to cooperate then you have to seek judicial remedies, which can be costly.
Answer Applies to: New York
Replied: 6/14/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
You and she have equal rights to use the house and have guests stay for as long as you each want. You are in a stalemate with her that can only be ended through agreement between the two of you or legal action for a partition.
Answer Applies to: California
Replied: 6/14/2011
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