QUESTION
What happens to our house during separation?
Asked on Oct 30th, 2013 on Divorce - Rhode Island
More details to this question:
My boyfriend moved out. The house is in both our names. I pay everything. Can I hold his private property and can I keep him out till I decide if I want to buy him out or sell?
5 ANSWERS
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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Consult with a good trial attorney and discuss the details in private. You should keep his property intact. Put it in boxes or in a bedroom that no one uses. Allow him to come and get them if he needs it and if not, what's the harm in keeping it. If you want to buy him out, then make an offer to buy him out.
Answered on Nov 05th, 2013 at 7:29 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No you can't keep his personal things (I assume that's what you meant by private property) and you can not keep him out unless you get a restraining order from the court, if there is a basis for one. Nor can you decide on your own to sell. Both of you have the same rights to the house. This is not impacted by his moving out. You would be best off getting a lawyer and negotiating what will happen to the house.
Answered on Oct 31st, 2013 at 2:31 PM
Bruce Provda
When people buy houses as joint owners they each have half of the house. In order to sell you need to have a whole house so you need to make some arrangements with your co-owner.
Answered on Oct 31st, 2013 at 2:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He owns the house just like you and, just like you, has the right to possession. As for his things, they are his and not yours and you have no basis for keeping them. You may be able to charge him for the principle payments and the utilities, etc. when you do sell or settle.
Answered on Oct 31st, 2013 at 2:30 PM
No you cannot hold his property. If you want to buy him out then you should seek counsel and get going. He has property rights.
Answered on Oct 31st, 2013 at 2:30 PM