Chattanooga, TN asked in Real Estate Law for Georgia

Q: My girlfriend and her ex co-own a home. Since she is a co-owner of the house, would she be able to allow me to move in?

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1 Lawyer Answer
James Clifton
PREMIUM
James Clifton
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: As a co-owner, your girlfriend has the ability to enter the property and invite guests. However, if you intend to live there with her to the exclusion of her ex, you will both be liable for rent to the ex. If the ex also lives there, you alone may be liable for rent to the ex.

If your girlfriend and her ex can't decide how to best use the property going forward, your girlfriend will need to file a lawsuit to partition of the property. In the partition, the court will order a sale of the property if it cannot be divided equally. Your girlfriend can then use the proceeds of the sale to purchase a property of her own so she doesn't have to have her ex's permission to have you live there.

Schedule a free consultation to make sure your ex's interest in the property is protected.

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