Can I evict co-owners wife from property?

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Can I evict co-owners wife from property?

I obtain an option on a property and
entered into an equity share agreement
with my brother to arrange financing and
purchase…we lived in the property from
2001 til 2009…when I moved out…He
recently got married and now his wife
has kicked him out…and refusing to
allow him to enter the home…can I file
eviction notice to protect our interest
under our agreement…she is not on
title…

Asked on June 13, 2019 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you can't. That your brother co-owns the property and lived there with his wife makes that his marital residence. Neither spouse can remove the other from the marital residence without an order from Family Court in a divorce case. (This means that she can't kick him out, either: he can go back in if he wants, and she has changed the locks, etc., he can go to county court and get a court order, which the police or sheriff will help enforce, letting him in.)
Because the spouse of a property owner is involved, there is no eviction unless as part of a divorce case.


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