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

UPDATED: Jan 13, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 13, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption