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legalgems, Lawyer
Category: Legal
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Our daughter and her boyfriend bought a house and her

Customer Question

Our daughter and her boyfriend bought a house and her boyfriend put the 20 percent down and now after 2 months he wants her to move out. What are her rights?
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

I am sorry to hear your daughter is having to deal with this;

Generally property ownership is determined by the manner in which title is held- so for example, if both parties' names are ***** ***** deed, the court will assume that they are both owners, in the percentage of ownership as indicated on the deed; if it states they are co-owners the court will assume a 50/50 ownership absent a contrary designation.

Furthermore, a party can assert they have more of an interest than what is indicated on the deed (ie by tracing the property- by proving that they paid a larger down payment) in which case the court may apportion the ownership interest accordingly. However, the court may determine that the down payment constituted a gift, depending on evidence presented (ie testimony, texts, emails, etc)

For short term ownership the court will determine if there was any equitable appreciation and if so they will apportion it according to the parties' respective interest.

One co-owner cannot evict another co-owner; rather the party wishing to have sole ownership would need to file a partition action with the court, to determine the parties' interests and then request a court order to sell the property, or to buy out the other co-owner.

Even if one party's name was not on the deed, landlord/tenancy law does not allow "self help eviction" for tenants (long term residents are afforded the same rights as tenants), requiring the party to provide notice (typically 30 days) and then bringing an unlawful detainer action if the tenant does not vacate.

But with the name on the deed, the proper remedy would be a partition petition, and one co-owner cannot force the other co-owner out, as they both have equal rights to use/occupy the property.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!