What rights would my ex have to my house?

UPDATED: Oct 1, 2022

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What rights would my ex have to my house?

He is living in his vehicle with very little income and no where else to go. He

expects me to let him move back in here because the mortgage is still in his

name and the title is in both our names. I pay mortgage and all bills.

Asked on November 12, 2018 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the title is in both your names, it is NOT your house: it belongs to both of you. Being on the title, he is a co- or joint owner with you, and has just as much right to use and occupy the home as you do. He can return to it: one owner has no legal right to keep another owner out of the home. 
You may need to sell the home, give him his share of the proceeds (as one of the two owners, he's entitled to half the equity) and move to a new home so you don't need to live together. If you want to sell but he, as co-owner refuses, there is a kind of legal action (lawsuit), traditionally called an action "for partition," which you can bring to force the sale; if it comes to that, consult with a real estate attorney.

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.

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