CanI move back into my house if I am a tenant in common?

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CanI move back into my house if I am a tenant in common?

I willingly moved out of my house that I own with my ex-boyfriend. We are tenants in common. He has lived there full time paying 100% of the bills, plus the mortgage. He moved in a renter that occupies the home with him. I haven’t been able to contribute to bills because Inow have to pay rent and my own bills elsewhere. I never planned for this to happen. Am I legally allowed to move back into my house if he will not communicate with me and has changed the locks? How can I go about doing this?

Asked on January 13, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, unless there is a written agreement between co-tenants dated and signed by each of them concerning the occupation of the jointly owned property by both of them, both tenants have the right to have access and occupy the jointly owned property.

You are legally allowed to move back into your home. As an owner, you have the right to change the locks and give the other owner the key to the new lock for access. One wrinkle I see is the renter situation and where you place him or her for sleeping.

I would write your former boyfriend about your intent in moving in again to your home keeping a copy of the letter and then move in on the stated date in the letter.


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