If my girlfriend is trying to kick me out of a home that we both own, what are my rights?
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If my girlfriend is trying to kick me out of a home that we both own, what are my rights?
My girlfriend and I are broken up. She wants me out of our house. She threatened to have her family remove me. She’s now given me until the end of the week to move out.
Asked on August 10, 2010 under Real Estate Law, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If you own the house as joint tenants she can not kick you out. She can not change the locks either. You have as much right to be there as she does. And if her family comes around then you have rights under the criminal statutes if they do anything to you or to your possessions. You need to seek legal help here. You need to make sure that your rights to the house are protected. Sounds like she needs a cooling off period but I would be afraid if you left as to what would happen. I would go and speak with an attorney in your area as to starting an action for "partition" of the house which would ask the court to split it between you. What generally happens is that the court orders the asset sold and the funds split. This may jerk her in to reality and then you can discuss dividing the asset in a different way (you buying her out; her buying you out etc.). Good luck.
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