I own a home with my ex-boyfriend, I moved out and may need a place to live within the next few months. What rights do I have to move back into this residence?

Get Legal Help Today

 Secured with SHA-256 Encryption

I own a home with my ex-boyfriend, I moved out and may need a place to live within the next few months. What rights do I have to move back into this residence?

Ive been gone for a over a year, but am running into
financial issues. What are my rights to move back
into this house?

Asked on January 17, 2019 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As long as you remain on the title to the property, then as a legal owner you have as much right to the use of the property as the the owner, your ex-boyfriend. However, since your moving back in may create an awkward and unwanted situation, you can see if your ex will offer to buy you out. If not, then you can file in court to force a sale. When co-owners of property cannot agree as to ownership matters, there is a judicial remedy called "partition". In this kind of action, the court can order that the property be equally divided, to the extent practical. However, in the case of a  single family house, the court can order something called a "sale in lieu of partition". Pursuant to this, the property is put up for sale and when it is sold, the proceeds will distributed equitably between the parties.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As long as you remain on the title to the property, then as a legal owner you have as much right to the use of the property as the the owner, your ex-boyfriend. However, since your moving back in may create an awkward and unwanted situation, you can see if your ex will offer to buy you out. If not, then you can file in court to force a sale. When co-owners of property cannot agree as to ownership matters, there is a judicial remedy called "partition". In this kind of action, the court can order that the property be equally divided, to the extent practical. However, in the case of a  single family house, the court can order something called a "sale in lieu of partition". Pursuant to this, the property is put up for sale and when it is sold, the proceeds will distributed equitably between the parties.


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