Does one tenant in common have any legal say about who lives in the home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does one tenant in common have any legal say about who lives in the home?
I am a tenant in common through divorcee decree. My ex-husband has physical possession of the property. He’s thinking of moving someone into the house, with my name still on the deed and mortgage. Do I have any legal right to prevent them from moving in? There was no time limit put on how long he has to remortgage the property.
Asked on November 9, 2011 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. Typically when there are several tenants in common as to the ownership of a home, all have the right to live in it and one cannot keep another one from residing in it. However, we have a dissolution decree in your situation.
To answer your question you need to carefully read the terms of the dissolution decree as to the home you have an interest in. If your former spouse has physical possession of the home per the decree, he would be allowed to have whomever he desires residing in the home with him.
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 AttorneyPages.com 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.