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?

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2 Lawyer Answers
Peter Klose
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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 , Tim Akpinar and Peter J. Weinman agree with this answer

Peter J. Weinman
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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

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