Can a co-owner evict another co-owner’s spouse?

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Can a co-owner evict another co-owner’s spouse?

Both my father and I (his son) are sole owners (joint tenancy with rights of survivorship) on a piece of property. However, my father’s wife has a habit of loudly playing music while I and another person living with me are trying to sleep (we both work grave shift and sleep during the day). Is it possible to evict my father’s wife by claiming nuisance on the notice to quit possession?

Asked on July 5, 2012 under Real Estate Law, Connecticut

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have equal rights to ownership and to having people live theer and visit.  But it is true that your rights to quiet enjoyment are just as important as his right to a guest.  I think that you need to speak with your father and his wife about "house rules" and see if parameters can be set. Otherwise, you may have to speak with an attorney about what actions can be taken, and the ramifications to that as part of a family situation.  Good luck.


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