Legal Question in Real Estate Law in New York
Tenants in Common/Same-Sex Breakup
My former partner and I are tenants in common on a house that I bought. I am in the middle of a partition action where I am going to buy her out, and she refuses to leave until the partition is completed. She has just gone away for the summer and is allowing a house guest to stay there and to keep me out of the house. Is she allowed to do this? Am I allowed in the house and can I lock the doors to keep the guest out for good?
Thank you.
2 Answers from Attorneys
Re: Tenants in Common/Same-Sex Breakup
You should have the attorney handling your partition action for injunctive relief against the guest and granting you access.
Absent some agreement to the contrary, tenants in common have an equal, undivided interest in the property.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
Re: Tenants in Common/Same-Sex Breakup
If the facts are as you state then you absolutely have a right to enter, access, use and enjoy the premises. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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