How can I access a home I own 50 of?

UPDATED: Sep 30, 2022

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How can I access a home I own 50 of?

I own half of a residential home in Texas,my ex never got
married owns the other half. 50/50.
We lived in the home for about 8 years, in which I paid the
mortgage. After the break up I moved out, he payed the
payments for the last 2.5-3 years up until just recently. I can
not afford to pay for that home and my current home married
now. He has changed the locks and installed a security
system so I do not have access and hes impossible to reach.
How can I legally get into the house?

Asked on August 13, 2017 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can bring a legal action in chancery court (a part or division of county court) for a court order requiring him to let you access the home: your right to access, use, and possession is equal to his, and he has no legal right to exclude a co-owner. A court can require him to provide access.
Alternately, you may wish to seek a court order for "partition": that is, a order from the court requiring that the home be sold and the proceeds therefore, less costs of sale and any amounts owed for mortgages, taxes, etc., be distributed between the two of you; that way, you will no longer be legally responsible for a home owned with your ex. Consult with a real estate attorney to review your options and see if partition, instead of just gettting access, may be right for you.

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.

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