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dragonfly917 · Nov 11, 2010, 09:51 AM

Two life partners bought a home together. Both names are on the deed and the mortgage. Almost two years ago, one of the owners moved out and bought a home elsewhere in the same town. No changes were ever made to the deed or mortgage but the other owner remained as resident of the home and made all the house payments, utility payments, and property tax/homeowner's insurance payments.

Eventually, the nonoccupying homeowner moved out out state and has been having health issues. He has made the statement that he can come back to "his house" and nobody can stop him.

Does anybody know of any Florida statutes or laws that would allow the occupying homeowner from preventing the nonoccupying owner from moving back into the residence?

Thank you.

tickle · Nov 11, 2010, 10:03 AM

If his name is still on the deed and the mortgage, then he has every right to enter his home. If you had just bought him out, he would not have been able to do this.

Tick

AIrmansGirl · Nov 11, 2010, 10:30 AM

Regardless of who made payments as long as both names are on the deed and the mortgage then unless there was a legal agreement drwn up between the 2 owners then he can return when he wants. The best thing would be to get a free consult from an attorney to find out what action can or could be taken to stop the other from returning.

twinkiedooter · Nov 11, 2010, 11:05 AM

Originally Posted by AIrmansGirl

Regardless of who made payments as long as both names are on the deed and the mortgage then unless there was a legal agreement drwn up between the 2 owners then he can return when he wants. The best thing would be to get a free consult from an attorney to find out what action can or could be taken to stop the other from returning.

There is nothing the present resident of the home can do to prevent the other party from returning. The only way is to literally buy out the other person. Getting an attorney involved would only waste everyone's time unless say the other party was physically abusive and a restraining order was granted negating the other party from returning to the home. But that doesn't sound like that's the case here.

dragonfly917 · Nov 11, 2010, 07:02 PM

Thank you both... I think it will be necessary to consult with an attorney as this seems complicated. With the Florida real estate market being down, there is not much equity in the home. The partner who left thinks he's owed a lot of money. This is more emotional than logical, I'm afraid. Thanks for your help.

ScottGem · Nov 11, 2010, 07:12 PM

I don't see anything complicated here. As long as his name remains in the deed he's a part owner and is entitled to the use of the property.

I also don't see where he thinks he's owed a lot of money. If anything he owes you his share of the mortgage and taxes that he did not pay. You could sue him for that money and probably win.

Fr_Chuck · Nov 11, 2010, 07:15 PM

yes, not complicated at all, may not be the way the other owner wants it, but the other person has equal rights to the home,

Things should have been done when they first moved out, to set value, and buy out one party or the other.

now it can end up in court trying to force one person to accept a buyout from the other, and the court setting the settlement.

It can be costly, it can take a long time, but complicated not really