Can an owner be forced out of a house by a co-owner?

Question

Can an owner be forced out of a house by a co-owner?

Anonymous Jan 27, 2011 3 views 2 answers

Two people are divorced but still co-own a house -- both on title and mortgage. One has lived in it for many years but the time agreed upon (in the divorce decree) to sell the house and split the proceeds has finally come. They agree to put it on the market right away "as-is" and so they do. The non-occupant co-owner (NOCO) feels like it will sell for much more if the occupant co-owner (OCO) vacates and clears the house out. The NOCO might be right about that, so, the NOCO seeks to force the OCO to vacate. The OCO really needs the many months, that it will probably take to sell the house, to get stuff out - BIG HOUSE - LOTS OF STUFF - TONS OF WORK - BUT FULL TIME JOB. Plus also paying for old mortgage + new rent is just not possible. NOCO cannot force OCO to vacate, can NOCO?

Paula Mcgill · Accepted Answer · 2026-06-15T10:34:12+00:00

You omitted some facts. I assume the court gave you possession of the home until it is sold. As a result, the ex cannot force you to leave. However, he/she can seek relief from the court. The court will determine if you must leave. If the ruling is against you, if the court is fair, at least, you will be given a reasonable amount of time to leave the house.

Craig Meyers · Accepted Answer · 2026-06-15T10:34:12+00:00

Tenants in common, meaning people that own a property together, are each entitled to occupancy. You need to use the court system to change this.

Can an owner be forced out of a house by a co-owner?

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