Legal Question in Wills and Trusts in Massachusetts
What are my legal rights towards partial ownership of a house and unwanted occup
If my name as well as my ex-girfriend name is on a mortgage and her boy friend is living there do I have the right to have a no tresspass order placed against him to keep him off the property since I'm still part owner of the property?
2 Answers from Attorneys
Re: What are my legal rights towards partial ownership of a house and unwanted o
Your best bet is to go to court and force the sale of the property.
Re: What are my legal rights towards partial ownership of a house and unwanted o
First, being on the mortgage does not make you an owner of anything except the debt. If you are also on the deed, then you are a co-owner.
Each of you has the right to do what an owner can do, so you do not have the arbitrary right to tell her who can stay with her. It appears that you have moved out, so the one with physical possession usually has the better say, especially if she is also responsible for the utilities, etc.
You should get out of the ownership and mortgage as soon as possible, or you may find yourself in more serious trouble as she changes or loses another boyfriend and cannot afford the house.
If the boyfriend, or any non-owner resident is "committing waste," that is, damaging the property, you can go to court to have him removed.