QUESTION
Can I kick somebody out if both of our names are on the deed to the house?
Asked on Apr 02nd, 2013 on Estate Planning - Michigan
More details to this question:
We broke up and I am trying to move on. I tried to be nice so we both could stay here but he made me mad so I kicked him out. All the bills are in my name. Do I have the right to do that?
10 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. You cannot legally kick someone out who owns the property. You each have the right to possess it. The other owner could sue you to partition the property, which means you would either need to sell the property and split the proceeds or you would need to buy out his rights. Whether he will do so or not is not clear. The problem it leaves you is that you could be paying bills and investing in the property for years, only to have him swoop in and try to assert his rights. I would try to nip that in the bud, right away. If the property has equity, then perhaps you can pay him for half and get him to sign off on it. If there is no equity, perhaps he will be willing to sign off anyway, so he is not responsible for any of the debt.
Answered on Apr 03rd, 2013 at 9:05 PM
From the facts you have provided, it appears that you both are entitled to live in the house. That would be different if he was committing a crime on the premises.
Answered on Apr 03rd, 2013 at 8:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You did, so that isn't really the question. The question is what happens now. He has the right to possession. If you two can't reach some sort of agreement, he can probably force a sale of the property.
Answered on Apr 02nd, 2013 at 2:06 PM
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Not really. Your best bet is to sell or buy him out and get him off the deed. If he wants to come back he can.
Answered on Apr 02nd, 2013 at 2:06 PM
If both of your names are on the house, you both will need to agree how to handle either sale of the house and division of the proceeds, or who will buy out the other person. If you can't agree, then you can take your dispute to Court.
Answered on Apr 02nd, 2013 at 2:05 PM
You can kick him out but he still has a claim to the property via the deed. You will probably need to buy his interest from him or get him to sign a quit claim deed.
Answered on Apr 02nd, 2013 at 2:04 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Unfortunately, the name on the deed carries with it a right to occupancy. If someone insists on a co-owner living elsewhere, the remaining occupant will have to the other co-owner pay rent for half of the property. If the co-owner's conduct warrants it, you may be able to obtain a restraining order. You do not provide enough information to analyse whether a restraining order is appropriate. That, however, may not eliminate your obligation to pay rent. In any event, you must respect his rights as a part-owner of the property.
Answered on Apr 02nd, 2013 at 2:04 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Generally you do not, but you should repost this under a real estate topic
Answered on Apr 02nd, 2013 at 2:04 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You may have a problem if he tries to get you to sell it for his share. He can also file an action to partition the home for his share.
Answered on Apr 02nd, 2013 at 2:04 PM
You are both owners of the house. Unless there are other agreements (hopefully in writing), each of you are probably half owners and have equal rights to use the house.
Answered on Apr 02nd, 2013 at 2:04 PM