If I own a home with my ex boyfriend and he is letting someone else live there, can I legally kick them out? What are my rights to the house?

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If I own a home with my ex boyfriend and he is letting someone else live there, can I legally kick them out? What are my rights to the house?

My ex boyfriend and I own a home together. I recently moved out and someone else has already moved in. I am not okay with this person living there and I am wondering if I can legally kick them out? What other right do I have to the house? For instance, can I force the sale of the home?

Asked on November 25, 2016 under Real Estate Law, Oregon

Answers:

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

Answered 4 years ago | Contributor

No, you cannot legally kick your ex-boyfriend's friend out. The fact is that since you are both co-owners of the house, you both have the right to have guests/tenants stay on the property. If you no longer want to be a co-owner, then you can go to court and file an action in "partition". This is a legal remedy that is employed when joint owners of real estate (or personal property) can no longer agree as to ownership matters. Pursuant to this remedy, the property will be physically divided if practical, otherwise (as in the case of a single family dwelling), the court will order that it be sold and the proceeds equitably divided. First, however, the party wanting the sale will have to offer the other owner the right to purchase their share before the property is put on the market.


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