Ifan unrelated personis on the title to a housebut has moved out and not made any mortgage payments, do they have the right to move back-in at any time?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Ifan unrelated personis on the title to a housebut has moved out and not made any mortgage payments, do they have the right to move back-in at any time?

My ex-boyfriend and I bought a house and he left 2 years ago and has never helped with the mortgage. Could he move back in when he is not welcome? I’m am in a situation where I have to file Chapter 13 bankruptcy and cannot sell my house for 5 years which means I cannot get his name off the house until then.

Asked on August 12, 2010 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately I think that the answer here may be yes: without a Court order terminating his rights tot he property in some way he has a right to re-enter the premises and you can not do anything to interfere with those rights like changing the locks, etc.  You do have a claim over and above the matter as to reimbursement of the money you have expended on the care maintenance and upkeep of the property over the time that he has been gone.  Hopefully he was on the mortgage as well to make it easier for you to prove that he had the obligation although it is not impossible otherwise.  I would check with an attorney in your area as to what you can do here.  Maybe it is time that you face him and bring up the subject of splitting the house.  You have the leverage of 2 years of payments.  Good luck. 


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 lock Secured with SHA-256 Encryption