How can I access a home I own 50 of?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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