What can I do in order to get my father out of the house

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What can I do in order to get my father out of the house

My brother and I cosigned for a house loan. We
were able to get a house. My father has been
very abusive towards our family and verbally
harassing us and threatening us. I want him out
but my brother does not.

Asked on July 1, 2019 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Who owns the house--that is, who is on the title? That, not who signed the loan, is the critical issue. The owners control who may stay in the house. If you and your brother are both on the title, then either of you (since you are both owners) may allow somone to stay in the home--that is your brother can allow your father to enter or stay in the house. You can't force out someone permitted to be there by a co-owner. All you can do is, if the situation is intolerable, is bring a legal action for "partition" to get a court order that the house be put on the market and sold, with the owners then sharing the proceeds (after paying costs of sale and paying off any mortgages, HELOCS, liens, etc.): i.e. you and your brother would sell the home, take you money, and go your separate ways. Your father would then be the problem of whomever buys the home, or could be ordered to leave as part of the sale process by the court.


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