QUESTION
Can a 50/50 Tenant in Common change the locks and move boyfriend in and/or unknown tenants?
Asked on Sep 29th, 2020 on Family Law - Florida
More details to this question:
Divorce Order created 50/50 Tenants In Common. My ex-wife moved my possessions outside and changed locks while I was at work. The next day her boyfriend moved in. I still pay 50% of the marital home's mortgage. Her mom, boyfriend and Tenants all have keys and access. Can I call police to get keys or demand 50% of rental proceeds? I've filed for partition today, but I need access to property to make repairs before sale. Please advise.
1 ANSWER
Family Law Attorney serving Coral Gables, FL
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David B. Mitchell, P.A.
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Thank you for your question. If the court Order (presumably your Final Judgment) left you and your ex-wife as tenants in common, each of you has a divisible half-interest in the property. She has no right to dispossess you from the property. Moving out your possessions, changing the locks, etc., are violations of your right as a tenant in common. You need to return to court as soon as possible to enforce your right under the Order (or Final Judgment). The attorney who handled your divorce should be able to help you. If not, as this is basic real property law, any good attorney in family law or real property law can assist you.
Answered on Sep 30th, 2020 at 9:09 AM