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Joint Tenants

Discussion in 'Joint Ownership' started by bwarren1103, Mar 20, 2017.

  1. bwarren1103

    bwarren1103 Law Topic Starter Guest

    Jurisdiction:
    California
    If my partner moves out of our home and is gone for 4 years, can he legally decide to just come back
    and take items out of the house or move back in? The property is held as joint tenants, but he has not paid anything on the mortgage in over 5 years. I was with him 25 years but never married him. I have had the locks changed.
     
  2. army judge

    army judge Super Moderator

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    In CA, or anywhere else, he/she shouldn't be allowed to do what you allege he/she did.

    If you weren't married, he/she has no legal significance in your life.

    But, you and he/she own property together.

    I suggets you speak with a lawyer or two in your county.

    Your situation will require you to reveal information I wouldn't dare ask you via the internet.

    That said, the fact you OWN property deeded in BOTH names causes you some liability.

    The fact that he/she hasn't paid a dime in years on the note means nothing because you have kept his/her dream alive, despite his/her absence.

    Changing the locks as you describe could potentially cause you problems, too.

    What? Why? How?

    That might have been (or will be considered) an ILLEGAL lockout.

    See a lawyer to determine just how you can proceed, good luck.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You both are OWNERS of the property. You both have equal rights to live in it. He is entitled to half the equity in the property if and when you sell it.

    If you want him gone I suggest you buy his signature on a quitclaim deed. How much that will cost you depends on how desperate he is for money or how desperate you are to get out from under this.

    Now you know why it is an incredibly bad idea to buy property with someone you aren't married to.
     

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