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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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i bought my home in indiana w/ my money, not any of her money

Resolved Question:

i bought my home in indiana w/ my money, not any of her money at all. w/ my gf at the time i put her on the deed, big mistake now, but i was in love w/ her we are not married.. i now live in michigan because i was ordered not to get in contact w/ her by the police. i have a written letter by her stating that she would pay $440 per month rent beginning jan 16 2013 I have not received any payments as of today 4/01/13 .

question #1 can i evict her?

question #2 Are my belongings safe (big screen tv, dirt bikes,computers,Remote control trucks buggies, boat, tools and tool boxes)?

question #3 i just bought house insuranse, will my belongings be covered if she sells or gives them away?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry for your dilemma...let me try and answer your questions in order


question #1 can i evict her?

No. If she is a co-owner of the property she has the same rights as you to the property. You can to evict her.

What you can do is request that she let you "'buy her out"...if you can negotiate with her a price for her to transfer her interest to you, then you can regain sole ownership of the property.

If that is not possible? Then you can have a local attorney file a "partition suit"...this is a lawsuit where you ask the court to sell the home...the court will then sell the home, at market value, and split the proceeds between you and her.


question #2 Are my belongings safe (big screen tv, dirt bikes,computers,Remote control trucks buggies, boat, tools and tool boxes)?


No way I can tell you that...you know her better than I or anyone on this website. That said, if she damages, sells, gives away any of your property you can sue her to recover money lost.




question #3 i just bought house insuranse, will my belongings be covered if she sells or gives them away?

You have to look at your policy. Generally speaking insurance will cover theft...so if she steals the property (if she gives it away it is the same as theft) you can file a claim. The issue you may have is that she is a co-owner of the home...so you have to contact your insurance provider to determine if your policy against theft will apply if the theft is by a co-owner/occupant of the home. This coverage is available, but it typically is a rider...you have to pay more for this type of coverage





Customer: replied 1 year ago.

No. If she is a co-owner of the property she has the same rights as you to the property. You can to evict her.


you can to evict her? give her legal papers she has 10 days to move out ?


and if she doesnt move out i have to go to court and go through the legal system

Expert:  P. Simmons replied 1 year ago.
I am sorry...that was a typo.

I ment to say "you can not evict her"

Sorry.

Since she is a co owner, she has the same rights as you to the home.

If you try and evict, the judge will not grant it, because she is an owner.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26132
Experience: 16 yrs. of trial experience
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