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?

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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 8 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.


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