In laws moving into home without consent

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

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 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.

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