Can I be evicted from a property that I am co-owner of?

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Can I be evicted from a property that I am co-owner of?

Asked on October 27, 2011 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The laws of all states in this country hold that if one is a co-owner of real property such as a residence with other people, that person is entitled to remain in the property and cannot be evicted.

The only exception is if there is a written lease agreement between the various co-owners and the one co-owner in possession creating a landlord tenant relationship signed by the parties. The written lease agreement in this situation would supersede the general law of this country as stated above.

Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you cannot be evicted from property that you are co-owner of. As a co-owner, you have a right to possession of the property--as much right as your fellow co-owner(s)--and cannot be evicted from it.

If you and the other co-owners are in dispute about the proper use of the property, who can reside there, etc., and cannot resolve or work out your differences, then you can bring an action for partition, or to either physically divide the lot amongst you, or to sell the property and divide the proceeds; that's  how to resolve irreconcilable differences between owners. You may wish to speak with a real estate attorney about your options, if you are having difficulties with other owners. Good luck.


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