Does one tenant in common have any legal say about who lives in the home?

I am a tenant in common through divorcee decree. My ex-husband has physical possession of the property. He’s thinking of moving someone into the house, with my name still on the deed and mortgage. Do I have any legal right to prevent them from moving in? There was no time limit put on how long he has to remortgage the property.

Asked on November 9, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Typically when there are several tenants in common as to the ownership of a home, all have the right to live in it and one cannot keep another one from residing in it. However, we have a dissolution decree in your situation.

To answer your question you need to carefully read the terms of the dissolution decree as to the home you have an interest in. If your former spouse has physical possession of the home per the decree, he would be allowed to have whomever he desires residing in the home with him.


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