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  1. #1
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    Jun 2009
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    Default Co-Ownership/Relative Eviction

    My question involves an eviction in the state of: Texas

    I am the co-owner of a 4 bedroom home located in North Texas with a female that once was my fiance'. Both of our names are on the deed/mortgage. She has custody of her two children ages 18 and 17. I share joint custody of my child who is 11, with my ex wife.

    Because of numerous differences between the two of us, I made a concious decision to move out temporarily. Shortly after moving out, she moved her sister and three children into the house and since then I have been denied access back into my own home.

    I have advised her on several ocassions that my intent is to move back into the house within two weeks, in order to have a place to live for myself , and my son when he visits every two weeks. Still, I am being denied access to my home and deprived of my right to live there by her and her sister.

    My two questions are as follows: 1.) Do I have the right to have equal access to my own home even though I temporarily moved out? 2.) Do I have the right to initiatiate an eviction process on her sister and children in order for me and my son to have a place to live since they are depriving me/us of room in my own home?

  2. #2
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    May 2009
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    12

    Default Re: Co-Ownership/Relative Eviction

    1. Yes, you have the right to access to your house even if you moved out.

    As co-tenants (since you are both named on the deed as owners of the property), regardless of whether you move off the property, you have a right to possess ALL portions of the property - neither one of you has the right to exclusive possession of any part. What this means is that she cannot physically exclude you from the property - what this is legally called is an "ouster."

    If one of you wrongfully excludes the other from possession of the whole or any part of the whole of the premises, there is an ouster. You, as the ousted co-tenant, would be entitled to receive your share of the fair rental value of the property for the time you are wrongfully deprived of possession.

    2. As for whether you can evict her, the answer is no. You are not the landlord and she is not a tenant. Both of you have an equal right to possession of the land, so you cannot collect rent from her or evict her (although you have a right to share in rent if it was rented out to 3rd parties).

    The appropriate action to take would be for a judicial partition, either in kind (dividing the tract up into separate parcels) or by sale & division of the proceeds. Note however that if you go this route, she may be able to claim (in an accounting) an amount for contribution from you for cost of necessary repairs, improvements, taxes & mortgages (in the amount that exceeds the rental value of the property since she is in sole possession of the property).

    Hope this helps.

    Quote Quoting ALREMO63
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    My question involves an eviction in the state of: Texas

    I am the co-owner of a 4 bedroom home located in North Texas with a female that once was my fiance'. Both of our names are on the deed/mortgage. She has custody of her two children ages 18 and 17. I share joint custody of my child who is 11, with my ex wife.

    Because of numerous differences between the two of us, I made a concious decision to move out temporarily. Shortly after moving out, she moved her sister and three children into the house and since then I have been denied access back into my own home.

    I have advised her on several ocassions that my intent is to move back into the house within two weeks, in order to have a place to live for myself , and my son when he visits every two weeks. Still, I am being denied access to my home and deprived of my right to live there by her and her sister.

    My two questions are as follows: 1.) Do I have the right to have equal access to my own home even though I temporarily moved out? 2.) Do I have the right to initiatiate an eviction process on her sister and children in order for me and my son to have a place to live since they are depriving me/us of room in my own home?

  3. #3
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    Jun 2009
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    5

    Default Re: Co-Ownership/Relative Eviction

    Thank you for your resposnse as it is very helpful in understanding my rights. My other question though is concerning her sister and her sisters 3 children that are currently living there as well. Her sister and children are occupying room(s) in my house that are preventing me from living there. She (co-owner) intentionally moved them in to prevent me from moving back in to my own property.

    Can her sister and her sisters 3 children be evicted if their presence is preventing me from living there? I do not want to evict the co-owner because I do know she has the same rights as I do.

  4. #4
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    Default Re: Co-Ownership/Relative Eviction

    You should have had a contract detailing your rights and responsibilities pertaining to the property, and what would happen in the event of a problem like this or if one of you wanted to sell. As you did not, well, you can see for yourself what can happen. Right now, from what you have said, you have equal rights to use and possession and it's perfectly legal for her to have house guests. If you try to move back in and take over certain rooms of the house, things could get ugly fast - so talk to a lawyer first.

    I suggest proposing to her that either you buy out her interest, or she buy out yours.

  5. #5
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    Jun 2009
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    Default Re: Co-Ownership/Relative Eviction

    I have contacted an attorney as I know the situation will only get uglierwhen I move back in. I understand that she can have house guests just as much as I can but the problem that exists is complex.

    It is a four bdrm house. The co-owners children occupy two rooms, the co-owner occupies a third room with her sister, and her sisters three children occupy the fourth bedroom.

    That situation alone deprives me and my son (when he visits) of a place to live/sleep and that is why I have asked about an eviction. At the current moment the house is already too overcrowded and when I move back in, I would think that my rights as a co-owner of the home would require her sister and her sisters children to vacate since there would not be any room for them to continue living in the house.

    No doubt that an attorney will help clear all of this up, but I was just trying to get an understanding about the ability to evict a person (although an invited guest of the co-owner) that knowingly is depriving me of a room in my own home.

  6. #6
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    Jun 2009
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    5

    Default "Ouster" or Eviction of Relatives in North Texas

    I am the co-owner of a four bedroom house with my ex-fiance beingthe other co-owner. Because of irreconciable differences I temporarily moved out and in the meantime, the other co-owner allowed her sister and her sisters three children to move in and take up residence.

    Currently the co-owners children occupy two rooms, the co-owner occupies a third room along with her sister, and her sisters three children occupy the fourth bedroom.

    I have made the other co-owner aware on several occassions of my intent to move back in. Unfortunately she has forced me into an "Ouster" in depriving me of any access to the house.

    With her sister and her three children now living there, the situation alone deprives me and my son (when he visits) of a place to live/sleep. I have also advised the co-owner that at the current moment the house is already too overcrowded and when I move back in, I would think that my rights as a co-owner of the home would require her sister and her sisters children to vacate, since there would not be any room for them to continue living in the house.

    No doubt that an attorney will help clear all of this up, but I was just trying to get an understanding about the ability to evict a person (although an invited guest/relative of the co-owner) that knowingly is depriving me of a room in my own home.

    Is this casue for an eviction?

  7. #7
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    Default Re: "Ouster" or Eviction of Relatives in North Texas

    Again, you can't evict your co-owner or her house guests.

  8. #8
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    Jun 2009
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    Default Re: "Ouster" or Eviction of Relatives in North Texas

    Again, I am not wanting to evict the co-owner. However, since now there is no room in my house (specifically no bedrooms because the remaining bedrooms are occupied by her sister and her sisters children) and I move back into the house, what becomes of everyone else (exclude the co-owner)? SHould they not be required to leave knowing that I am taking over two bedrooms for myself and my son?

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