Does the co borrower have access to enter the property agaisnt the primary owners wishes?

I am the primary owner and my father is the co-borrower. He has entered the property without permission and is attempting to evict me with no legal grounds other than personal issues.

Asked on January 11, 2018 under Real Estate Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If he is also on the title or deed, he has the right to enter the home: if he is on the title or deed, he is an owner of the home, and any owner may access or enter or use it.
2) Even if he is an owner, he cannot evict you or keep you out: each owner has equal right to occupy, etc. the home.
3) If he is on the mortgage but not title/deed, he has no right to access the property and no rights to remove you or determine what will be done with the property: being a borrower or signor or guarantor of the loan does not give you rights over the property if you are not also an owner.


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