what rights do i have co owning a property?

My father and I own a property together and he wants to move his fianc in once they’re married. We never agreed to this and I want to know if I can stop her from moving in since I co own the house ?

Asked on March 4, 2016 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can't stop him from moving his finance in--and he could not stop you from moving your significant other or finance in, either. All owners of a home have the right to use and occupy it, and to allow guests to stay in the home. You and your father may need to either have one of you buy out the other, or sell the house completely, if you can't decide on what to do with it; and if you can't even agree on whether or not to sell it, you have the right to go to the court (i.e. to file a legal action) and ask the court to order the property sold (due to owner disagreement over how to use it) and the proceeds from the sale split between the owners. (This is often called an action for "partition.")


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