What are a co-owner’s rights?

I have a home that I hold the mortgage on. I am also on the deed with another person who I had a falling out with 4 years ago. When we had the falling out she moved out of the home and has not contributed any money toward the home since. She comes to the house every so often and harasses me and my roommates. What rights does she have? Can she get my roommates removed? Can she move back in? Can I get her off the deed?

Asked on July 29, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to speak with an attorney as soon as you can and bring all the documents with you.  If she is a co owner of the home you have the same rights under the law.  You will bear the liability though if only you are on the mortgage.  Technically you would need her consent to rent the property and she would be entitled to half the rent.  But she is also obligated for half of the expenses so you need to figure that out as a set off.  You can bring an action for partition or sue her for the sums she owes in the hopes to negotiate a deal to buy her out.  She has to sign the deed over to you.  That is the only way to get her name off.  Good luck. 


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