Can Two People Own a House When One Kicks Out the Other?
Ownership disputes in a shared property can be highly contentious. This article covers the different legal actions and situations that can arise when one person claims ownership over a jointly-owned home and removes or attempts to remove the other occupant. We'll explore the process, implications, and possible resolutions through divorce procedures, legal eviction, and ownership rights.
Divorce Decrees and Ownership Dispute
One of the most common and legally binding methods to resolve ownership disputes in a shared property is through a divorce decree. When a couple decides to end their marriage, they may decide to part ways with the home they jointly owned. In the scenario described, the husband and wife shared a property purchased over eight years ago. Despite the cooperative living arrangement, conflicts eventually arose, leading to a divorce.
The wife initiated the divorce proceedings, filing for marital separation. When the husband did not appear for a crucial court hearing to determine the disposition of the house, the judge made a decision in her favor. The judge ruled that the wife would own half of the husband's portion of the property. Subsequently, the wife took further legal action by removing the husband from the title of the property, thereby physically and legally evicting him from the home.
Legal Implications of Removal from Property
It is crucial to understand that simply being removed from a property does not automatically change ownership rights. In the example provided, the former husband had the legal right to challenge the actions of the former wife and seek to either buy out his share or sell the property and divide the proceeds equally. This is because the divorce decree does not finalize the sale of the property unless both parties agree or a judge mandates it.
Legal Eviction vs. Ownership Rights
Simply being removed from the property does not allow one person to unilaterally change the ownership structure. If the former husband wishes to reclaim his share or dispose of the property, he can file a lawsuit to force the sale and division of the proceeds. This process can be lengthy and costly, but it underscores the principles of property rights and the judicial system's role in enforcing them.
Escalation to Criminal Action
In some extreme cases, the former husband might consider taking the matter to the next level by involving criminal action and police intervention. However, this is a drastic and often unnecessary step. Instead, a restraining order can serve as a non-legal but significant barrier to the other party's actions. A restraining order can legally prevent the other party from entering the property, providing a degree of security and peace of mind without the need for more complex legal procedures.
Conclusion and Key Takeaways
Disputes over shared properties can be complex and emotional. Key takeaways include:
A divorce decree does not automatically resolve property ownership. Lawsuits can be filed to enforce legal rights and seek distribution of proceeds. Criminal actions are rarely necessary, with restraining orders serving as a more feasible solution.Understanding and navigating these legal complexities can help ensure a fair and peaceful resolution to any ownership disputes in a shared property.