Can I evict the people out of the house that I am co-owner of if one of the people living in the home is the other co-owner?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I evict the people out of the house that I am co-owner of if one of the people living in the home is the other co-owner?

I lived with a man and we purchased a home and land together. Our names are both on the deed separated by

Asked on July 18, 2016 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you and he both are on the title, you can't evict him, and you also can't evict his guest (the girlfriend): an owner cannot be evicted, and also has the right to have anyone he/she chooses live with him/her or otherwise in the property. His rights to the home are equal to yours.
What you can do is to bring a lawsuit "for partition" in chancery court (a division or branch of county court), seeking a court order requiring that the property be sold and the proceeds distributed between the owners. A partition action is something owner 1 can bring when she and owner 2 cannot agree as to what to do with the property. This type of action is, however, significantly more procedurally complex than, say, suing in small claims court for an unpaid bill; you are strongly advised to retain an attorney to help you. The attorney will also act as a beneficial buffer between you and the man in question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption