In laws moving into home without consent

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In laws moving into home without consent

Me and my wife have been separated for about 6 months. I moved out about 4-5
months ago. We bought a house last year together. My name is the primary, hers
secondary. She cant afford the mortgage so she wants to move her parents in to
help. I have said no, repeatedly. What can I do?

Asked on September 1, 2017 under Family Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

As an co-owner, your wife can invite any one onto the premises that she wants. In other words, you cannot stop her from having her parents come live and with her. If that is not acceptable, then you could force a sale of the house through something known as a "partition". This is a legal remedy employed when co-owners of property cannot agree as to ownership matters. In such an action, the court will divide the property if practical. If not (as in your case), then the court will order a "sale in lieu of partition". This entails putting the property up for sale to a third party and equitably dividing the sale proceeds. First, however, any owner who wants to keep the property can buy out the other owner(s) for fair market value. Of course things could change if you or your wife file for divorce as that will effect your property rights. At this point, you should consult directly with a local divorce attorney; they can best advise you further as to your rights.


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