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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My boyfriend and I purchased a home in 2005 down in Orlando

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My boyfriend and I purchased a home in 2005 down in Orlando Fl, Both of our names are XXXXX XXXXX deed, he holds the loan soley in his name. I moved back to Ohio last December. I want to move the remaining home furnishing and personal belonging out of my home and have arrange for a POD ect. We have emailed back and forth and although he doesn't deny my items are there he wants me to now wait until after the Holidays and is stating that he is going to "gain an order preventing me from entering". Can he do that? What are my rights? We never married. As I said my name is XXXXX XXXXX deed of the home

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Because you also legally own the house, the only way he could get an order preventing you from entering is if he got a restraining order. That would require a showing that you threatened him or his loved ones with physical harm. On the other hand, since your name is XXXXX XXXXX title, if you called police and asked them to go with you to the property, they would do a civil standby while you collected your belongings. Unfortunately, since you're in Ohio, that can be a little more difficult to arrange than if you lived nearby. But he can't stop you from getting in without a court order if your name is XXXXX XXXXX house. Breaking up doesn't mean that you don't owe the house anymore.

Another option is for you to go to court and file a suit asking the judge to order that he buy you out by paying you half the value of the house. If he can't afford to do that, the property will be sold, and the profits split equally. If he wants to keep living there, it is possible that you could use the possibility of having the place sold as a bargaining tool. The lawsuit is called a "partition by sale." If you went that route, and he cannot afford to buy you out, he essentially has no defense - the judge will order that the house be sold. As part of that suit, you could ask the judge to (a) order him not to move or touch your belongings, (2) order him not to interfere with you in any way in going to collect your belongings, and (3) order a date for you to go in and get everything.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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