If my girlfriend and I split up and her name is still on the deed but not on the mortgage, can she move back in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my girlfriend and I split up and her name is still on the deed but not on the mortgage, can she move back in?
We split up 2 years ago. Only my name is on the mortgage for the home but her name is on the deed with mine. We have tried to come to an agreement on a settlement to get her to sign off on the deed but she is hard to deal with. She has told me that an attorney has told her that since she is having financial issues that she can move back into the home no matter what I say. Is that true?
Asked on October 23, 2012 under Real Estate Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country so long as your "ex" is still on legal title to the property that you have written about she is entitled to move back into the unit even if she has not been paying for its upkeep absent a court order prohibiting her from doing so.
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.