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    Yazhefner's Avatar
    Yazhefner Posts: 1, Reputation: 1
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    #1

    Jul 9, 2009, 03:02 PM
    Possession rights on co-owned home in ILLINOIS
    My g/f co-owns a home with an estranged ex-boyfriend.
    He had to vacate the premises due to an order of protection being issued because of his physical and verbal abuse to my girlfriend and her children (he is the father). She has changed the locks, etc. in the meantime and I actually intend to move in with her soon

    The order is up for an extension in time next month.
    If by some chance the order is not extended further, we are concerned about his ability to try and immediately gain access to the home without her permission. Obviously, he will not peaceably attempt to gain access and may try to show up to start living there as well.

    Does he have any right to gain immediate access even though my g/f has clearly possession of the home (he has no keys). Does he not have to initiate some form of partition suit to legal attempt to gain access and use of the home?

    He is not on any mortgage documents and has not provided any financial support to maintain the property.

    Thanks
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 9, 2009, 03:18 PM

    You say they co-owned and then you say he was not on the mortgage and did not make any payments therefore he has no rights to anything except his own personal belongings.
    If he tries to 'use' the house she should be able to get him for breaking and entering.

    IF he has personal belongings then he can make arrangements, day and time to come pick them up. She can pack them and put them by the door. Then request that police or Sheriff or constable be there in case he wants to start trouble. He would be allowed something like 15 to 20 minutes to get his stuff out.
    Some states/counties do that you would have to check.

    She needs to follow up on the Protection extension.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jul 9, 2009, 04:32 PM

    Hello Y:

    If he's a CO OWNER, the minute the protection order is up, he has a right to enter and live in HIS property.

    excon

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