If someone was evicted from a premises by one co-owner, can they move back in if invited by the other co-owner?

I’ve got the most pain in the butt daughter you could ever imagine. About 9 months ago, she was evicted from me and my wife’s second home. I had to go through the eviction process for my own daughter. Luckily my wife was out of the country on the day of the hearing. If she wasn’t our daughter would have still been held up in that home. Now from what I sense in a recent chit chat between my brother and my wife, it seems like my daughter is interested in going back to that home and guess what – mom – yes she supports her once again. My daughter was already ordered to leave that home before can she go back again? When that house was cleared I had a good friend change the locks and I made sure that I only had the only copy.

Asked on September 4, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately for you if the co-owner (partner) in the home that you own has invited the daughter that was evicted previously to move back into the same unit that the eviction arose from, the invitation is allowed and the evicted person may legally move back.

The rationale is that one owner of the unit can act on behalf of both. Such essentially is the cornerstone of basic partnership law.

What you have is a problem between you and your wife/partner caving in to your detriment and most likely hers. I suggest that you and your wife have a face to face talk about the realities of what she is doing and undoing all that was done in getting the difficult child out of the "nest".


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