QUESTION
Does my son have equal protection under the law to enter the property at will since he is also an owner?
Asked on Mar 29th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
In 2009, I purchased a home for cash and at closing put my son and then girlfriend's name on the property. The house had been rented from May 2011 through December 2013. Recently, the now ex-girlfriend moved into the property claiming as an owner she could (which I cannot argue). In moving in, she brought a copy of the deed as the police did show up when she set off the alarm. Further to that, if he were to give me a Power of Attorney, would that allow me to enter and, in fact also occupy the premises, regardless of the discomfort? Thanks so much for any answers.
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know about you entering the property, but I think that son needs to start an apportionment action to force a sale of the premises. He can give you a power of attorney to do that.
Answered on Apr 03rd, 2014 at 5:40 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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In general terms, you need to file a partition action to liquidate the coownership interests. Your son can simply deed is interest to you and then you can file the action if that is preferable. Prior to filing the partition action you should serve a notice of ouster. The sons ex-girlfriend and then either allow the other co-owner to move back in, or the other co-owner will be entitled to a credit for reasonable rental value.
Answered on Apr 03rd, 2014 at 5:40 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, your plan is not totally off.
Answered on Apr 03rd, 2014 at 5:39 AM