What can I do in order to get my father out of the house

UPDATED: Oct 1, 2022

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What can I do in order to get my father out of the house

My brother and I cosigned for a house loan. We
were able to get a house. My father has been
very abusive towards our family and verbally
harassing us and threatening us. I want him out
but my brother does not.

Asked on July 1, 2019 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Who owns the house--that is, who is on the title? That, not who signed the loan, is the critical issue. The owners control who may stay in the house. If you and your brother are both on the title, then either of you (since you are both owners) may allow somone to stay in the home--that is your brother can allow your father to enter or stay in the house. You can't force out someone permitted to be there by a co-owner. All you can do is, if the situation is intolerable, is bring a legal action for "partition" to get a court order that the house be put on the market and sold, with the owners then sharing the proceeds (after paying costs of sale and paying off any mortgages, HELOCS, liens, etc.): i.e. you and your brother would sell the home, take you money, and go your separate ways. Your father would then be the problem of whomever buys the home, or could be ordered to leave as part of the sale process by the court.

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.

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