Property deed

There are 2 names on my property deed and I’m on the mortgage, the second person on the deed left the property over 3 years ago and has not paid for anything towards the property. Do they have a right to move back in if there not wanted there?

Asked on September 27, 2018 under Real Estate Law, Florida

Answers:

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

Answered 2 years ago | Contributor

Actually, if this person is still on the deed, then as a legal owner of the property they have equal rights to its use and enjoyment. This is true regadless of whose name is on the mortgage as the maortgage has nothing to do with ownership. If you want sole and exclusive possession of the premises, then you can offer to buy out the returning owner.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.