Does the co borrower have access to enter the property agaisnt the primary owners wishes?

UPDATED: Oct 1, 2022

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Does the co borrower have access to enter the property agaisnt the primary owners wishes?

I am the primary owner and my father is the co-borrower. He has entered the property without permission and is attempting to evict me with no legal grounds other than personal issues.

Asked on January 11, 2018 under Real Estate Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) If he is also on the title or deed, he has the right to enter the home: if he is on the title or deed, he is an owner of the home, and any owner may access or enter or use it.
2) Even if he is an owner, he cannot evict you or keep you out: each owner has equal right to occupy, etc. the home.
3) If he is on the mortgage but not title/deed, he has no right to access the property and no rights to remove you or determine what will be done with the property: being a borrower or signor or guarantor of the loan does not give you rights over the property if you are not also an owner.

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.

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