Can my co-owner let someone stay in my house without telling me and not paying when it interferes with my moving back?
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Can my co-owner let someone stay in my house without telling me and not paying when it interferes with my moving back?
I own a house and 1.6 of acre with my sister’s ex-boyfriend that was purchase just over 4 years ago. I moved out just because my power got disconnected 9 months ago; my disabled mom could not live without electricity. He knew that we were going to move back when I got the power straightened out. Also, my husband and I have done all the upkeep of the property. However, my co-owner let his nephew move in without telling me and they haven’t paid me anything. What can I do?
Asked on February 5, 2019 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Any and every property owner has the right to either stay in the property themselves or let others stay there, so your co-owner can let his nephew move in. You can move in, too, but you can't force him out--you'd have to live there along with him. Your recourse would be to sell the property and split the proceeds, so that you and your co-owner no longer have to share a property when your goals for it differ. If your co-owner will not voluntarily agree to a sale, you can bring a kind of legal action called an "action for partition" in which you get a court order that the property be sold and the proceeds of the sale, after paying off any mortgages and liens and paying any costs of sale, be divided amont the owners. If you want to explore this option consult with a real estate attorney.
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