If I’m living in a house that is in both mine and a friend’s names, can she make me move out so that her son can live here?

I don’t want to go.

Asked on November 1, 2015 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Absent some sort of threat to the other co-owner's well being, one owner cannot make make another owner vacate a jointly owned premises.
The fact is that, under the circumstances, if you wanted to you could file for "partition". This is a legal remedy employed when 2 owners of jointly owned real estate cannot agree as to ownership matters. Accordingly the property will be "partitioned"; that is divided if it is practical to do so. However, in the case of a single family home, that can't be divided the court will instead force a sale of the property at fair market value with the proceeds to be equitably divided.
Perhaps, at this point, you should consult directly with a local real estate attorney as to your rights/remedies under applicable state law.


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