If partners occupy a home and 1 partner’s name is on title although the other partner has an “equitable interest” in it, can the titled partner evict the other?

Asked on July 31, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, owners of a piece of real property absent a written agreement to the contrary have the legal right to occupy the parcel. As such, one owner cannot legally evict the other owner regardless of the "equitable ownership interest" absent a written agreement allowing such.


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