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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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.

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

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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