If my father and I are both listed on the deed and mortgage, can he make me move out if I’ve soley lived there for the past 5 years?

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If my father and I are both listed on the deed and mortgage, can he make me move out if I’ve soley lived there for the past 5 years?

Asked on January 28, 2013 under Real Estate Law, South Carolina

Answers:

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

Answered 8 years ago | Contributor

One co-owner cannot force another co-owner to leave the premises. Unless that is there is some type of court order in effect regarding the exclusive right to occupy the premises (i.e. protective order or the like). At this point, if you cannot come to an agareement with your father, as a co-owner you could file what is known as a a "partition". Basically, this is an action wherein a tproperty is divided if practical (as in the case of raw land). However, since the property in question is a single family home, a court could direct a "sale in lieu of partition" which means that the property can be ordered to be sold. Then any co-owner who wishes to remain can buyout the other co-owner for FMV or the property can then be sold to a 3rd party with the proceeds of the sale being equitably distributed.


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