I own a home with my ex-boyfriend, I moved out and may need a place to live within the next few months. What rights do I have to move back into this residence?
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I own a home with my ex-boyfriend, I moved out and may need a place to live within the next few months. What rights do I have to move back into this residence?
Ive been gone for a over a year, but am running into
financial issues. What are my rights to move back
into this house?
Asked on January 17, 2019 under Real Estate Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
As long as you remain on the title to the property, then as a legal owner you have as much right to the use of the property as the the owner, your ex-boyfriend. However, since your moving back in may create an awkward and unwanted situation, you can see if your ex will offer to buy you out. If not, then you can file in court to force a sale. When co-owners of property cannot agree as to ownership matters, there is a judicial remedy called "partition". In this kind of action, the court can order that the property be equally divided, to the extent practical. However, in the case of a single family house, the court can order something called a "sale in lieu of partition". Pursuant to this, the property is put up for sale and when it is sold, the proceeds will distributed equitably between the parties.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
As long as you remain on the title to the property, then as a legal owner you have as much right to the use of the property as the the owner, your ex-boyfriend. However, since your moving back in may create an awkward and unwanted situation, you can see if your ex will offer to buy you out. If not, then you can file in court to force a sale. When co-owners of property cannot agree as to ownership matters, there is a judicial remedy called "partition". In this kind of action, the court can order that the property be equally divided, to the extent practical. However, in the case of a single family house, the court can order something called a "sale in lieu of partition". Pursuant to this, the property is put up for sale and when it is sold, the proceeds will distributed equitably between the parties.
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