Binghamton, NY asked in Real Estate Law for New York

Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Related Topics:
2 Lawyer Answers
Peter Klose
PREMIUM
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Nyack, NY
  • Licensed in New York

A: There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in your life. Seems like you should flesh out the agreement and consider the buyout.

Steven Warren Smollens , Peter J. Weinman and Tim Akpinar agree with this answer

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • STATEN ISLAND, NY
  • Licensed in New York

A: One owner cannot oust/evict another and so if he's on the deed - absent a written agreement to the contrary - he has a right to access. Your "new agreement" might be such an agreement, but we'd need more information in order to answer your question. Assuming the new agreement was drafted by an attorney, ask that attorney since she's already familiar with the facts and should know.

Steven Warren Smollens and Tim Akpinar agree with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.