Is there a way to legally remove one of the owners from their homebut still have them be responsible for half the mortgage payment?

UPDATED: Mar 27, 2011

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Is there a way to legally remove one of the owners from their homebut still have them be responsible for half the mortgage payment?

Back in 10/09, my now ex-fiance and I purchased a home together. In 12/10, I broke off the engagement. However, we still are still living together while the house in on the market. It started off civil as we live on separate floors, but after noticing that he had been going through my personal things, the living situation has become extremely stressful. Is there a way to have him removed from the house until it sells while still holding him liable for half the mortgage payment?

Asked on March 27, 2011 under Real Estate Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, probably not.  He has the same legal rights as you do to be living on the premises.  But I would speak with an attorney in the are as to what you can do if he continues to harass you in any way.  Going through your things is a form of harassment.  The thing is you do not want to make things so uncomfortable - by getting a restraining order - that he becomes belligerent so that when you do find a buyer he won't sign.  Can you buy him out?  Can you enter in to some agreement that would allow you to put a separate lock on your door or area?  Something to help.  Good luck.

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