Can I evict someone from my home?
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Can I evict someone from my home?
I co-own a home, of which I do not live in but the other owner does. Can he allow a family to live in the house without my permission? If I don’t want that family living in the house, can I have them put out? It is a 50/50 ownership, however he feels that he has more rights than I do, because he has contributed more to the house. The family does not have a lease agreement but says that they are not a couple. What are my rights?
Asked on October 19, 2016 under Real Estate Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Either co-owner may possess or occupy the home, or let his or her guests occupy it; you cannot evict his guests any more than you could evict him. If you cannot resolve this amicably, and neither of you is willing to buy out the other (or be bought out), your only option would be to file a lawsuit in county court "for partition" in which you seek a court order that the property be sold and the proceeds (if any) be divided between the owners. Unfortunately, that is the law's only remedy when co-owners cannot agree as to what to do with property.
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