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There are 2 names on my property deed and I’m on the mortgage, the second person on the deed left the property over 3 years ago and has not paid for anything towards the property. Do they have a right to move back in if there not wanted there?
Asked on September 27, 2018 under Real Estate Law, Florida
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Actually, if this person is still on the deed, then as a legal owner of the property they have equal rights to its use and enjoyment. This is true regadless of whose name is on the mortgage as the maortgage has nothing to do with ownership. If you want sole and exclusive possession of the premises, then you can offer to buy out the returning owner.