If a couple is divorced but the home is in both names, can the ex-spouse control who is living in the house with the other ex-spouse?

Asked 1/5/2010 under Divorce, Marriage, Alimony | 267 View(s) | More Legal Topics

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Cedulie Laumann / Arden Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Maryland

I am a Maryland barred attorney and handle real property matters. Your question involves both real estate and family law matters.

By operation of law, such property switches to co-ownership as "tenants in common" after divorce.  That means each has certain legal property rights to use the house, pay the expenses  and get rent from any non-owner living in the house.  Practically joint ownership after divorce may be very uncomfortable. 

The issue of who pays and who lives in a jointly owned home should ideally be resolved at or before divorce by a written agreement or divorce decree.  If one spouse has a use and possession order for instance they have a legal right to occupy the house that trumps the general property right for both owners to have access to the house.   If there is no order / agreement on the subject, the owner residing in the house may want to try to get it in their name alone.  You may also want to post this question in divorce / family law categories or consult an attorney about the specifics of the situation.  

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