Is there such a thing as abandenment with regards to a house?

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Is there such a thing as abandenment with regards to a house?

My ex-boyfriend and I own a home together. He left me and our son one night in November 2006 without so much as a note. He broke a lock today when we were out and informed us that he is moving back in. Neither of us are making house payments, and the bank is beginning foreclosure proceedings. I plan on moving out when that happens, but he says that all the possessions are his. Is it considered abandonment, or can he just move back in?

Asked on June 28, 2009 under Real Estate Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If his name is on the deed, there is law in most states that says he has a right to move back in.  But there is also law that says that you have a right to be free of domestic violence.

I'm not an Ohio lawyer, and the definitions of domestic violence can be different from one state to another.  But breaking into the house might qualify, especially if he is threatening you or assaulting you physically in any way (including pushing you out of his way, or out of a room) and intimidating you, and if so, you might be able to get a court order forcing him to move out and leave you alone.

Please talk to an attorney in your area about your rights, both as far as the house and contents, and the domestic violence laws, as soon as you can.  One place to find a lawyer our website, www.attorneypages.comis


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