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    janetlane88's Avatar
    janetlane88 Posts: 3, Reputation: 1
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    #1

    Oct 13, 2013, 04:05 PM
    Evicting a Roommate that's not on the lease
    My ex and I have a rent to own contract, buying a home in Conway SC. I left the relationship and home back in June 2013. He recently has a new Girlfriend living there with her three children. Our daughter and I are moving back to SC and want to move back into my home, I want her evicted out of my house. She has no legal lease or contract with me or my ex. How do I go about this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 13, 2013, 04:11 PM
    First, have you continued to pay the monthly amount for that home for the past several months? Second, does he still live there with her?

    You will not be able to evict her without his consent.

    It is also possible that may be considered in default of the contract and have no more rights to the home.
    janetlane88's Avatar
    janetlane88 Posts: 3, Reputation: 1
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    #3

    Oct 13, 2013, 04:16 PM
    I have been in contact with the Homeowner and my ex has been paying the payments on the home and have been on time. He does live there with her. Can I legally just move back in?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 13, 2013, 04:30 PM
    Quote Originally Posted by janetlane88 View Post
    I have been in contact with the Homeowner and my ex has been paying the payments on the home and have been on time. He does live there with her. Can I legally just move back in?
    Yes, but it might be awkward sharing a home with your ex and his current fling.

    What you really should do is sue him for "partition".
    janetlane88's Avatar
    janetlane88 Posts: 3, Reputation: 1
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    #5

    Oct 13, 2013, 04:34 PM
    Very true! What is partition?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 13, 2013, 04:39 PM
    Quote Originally Posted by janetlane88 View Post
    I have been in contact with the Homeowner and my ex has been paying the payments on the home and have been on time. He does live there with her. Can I legally just move back in?
    I'm not so sure. You have been gone for at least 3 months and it appears you have not been making payments during that time. I believe your ex could make a case that you are in default of the contract and not entitled to just move back in. I am pretty sure he can refuse to allow you to move back in, at least until a court rules otherwise.

    I don't know how much you put into the purchase. If you contributed to any down payment you may be able to recover that. Any share of the monthly payment would probably be considered rental payments and not be recoverable.

    Plus I don't know how large the house is, but there might not be room for you. Sorry, but you voluntarily left and may have forfeited your rights to the house.

    A partition is when 2 people own a property and can't agree what to do with it, so its partioned into separate shares. But that doesn't apply here since you don't own the property, but have only an option to purchase it. And you may have defaulted on that.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Oct 13, 2013, 04:54 PM
    Quote Originally Posted by janetlane88 View Post
    Very true! What is partition?
    It is a type of civil action in which the plaintiff (you) sues others with whom the plaintiff shares ownership in real property. The remedy sought is that the property be sold and the proceeds divided between the parties according to their respective interests. In this case, the real estate which would be the subject of the court action would be your interest in the property under the land contract.

    It is called partition because in theory the property could be divided (partitioned) instead of sold. But normally a sale would be the preferable remedy.
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