Legal Question in Real Estate Law in California
Locked Out
my ex-girlfriend and I are going through a nasty breakup. We own a house as joint-tennants-in common and have owned it for 3 years. I began staying with my parents after a domestic abuse charge over a year ago. She changed the locks on the house just last week. I am still a co-owner of that house and frequently need and want access. Do I have any rights....or does she legally have the right to change the locks
Thanks for any help
1 Answer from Attorneys
Re: Locked Out
As a joint owner you have a right to the use of the property. However, you may be subject to a restraining order that you are not to go to the house. It is also certain that going to the house will result in additional abuse charges being leveled against you. You should either negotiate an agreement for a division of the equity in the house or sue her for partition of the property.
You seemed unsure of how title to the property is held. If it is held in joint tenancy you should change it to tenants in common as soon as possible. That can be done by transfering your interest in the property to a third party and that party transfers the property back to you. If the property is in joint tenancy, she will get all of the property if you die.
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