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?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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