Can my co-owner let someone stay in my house without telling me and not paying when it interferes with my moving back?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my co-owner let someone stay in my house without telling me and not paying when it interferes with my moving back?

I own a house and 1.6 of acre with my sister’s ex-boyfriend that was purchase just over 4 years ago. I moved out just because my power got disconnected 9 months ago; my disabled mom could not live without electricity. He knew that we were going to move back when I got the power straightened out. Also, my husband and I have done all the upkeep of the property. However, my co-owner let his nephew move in without telling me and they haven’t paid me anything. What can I do?

Asked on February 5, 2019 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Any and every property owner has the right to either stay in the property themselves or let others stay there, so your co-owner can let his nephew move in. You can move in, too, but you can't force him out--you'd have to live there along with him. Your recourse would be to sell the property and split the proceeds, so that you and your co-owner no longer have to share a property when your goals for it differ. If your co-owner will not voluntarily agree to a sale, you can bring a kind of legal action called an "action for partition" in which you get a court order that the property be sold and the proceeds of the sale, after paying off any mortgages and liens and paying any costs of sale, be divided amont the owners. If you want to explore this option consult with a real estate attorney.


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 AttorneyPages.com 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 with SHA-256 Encryption