Owning a house with someone who no longer lives on property

[justalayman]

Legally the guy could stay if you allowed him to stay. It's impossible to say what the cops would do. They may suggest the guy leave to keep peace but ultimately they have no right to make him leave.

 

[LdiJ]

Thank you for all your replies.

Ultimately what is happening is, the person living with me is a friend and the situation is temporary. He recently got divorced and lost everything, so I offered to let him stay with me until he gets back on his feet. I didn't ask for rent, so nothing is fixed, but he gives me money every week to cover certain expenses.

My ex doesn't like the idea of this person staying here solely because he is male. He called me today and said, "I don't like the idea of another guy living in my house." To which I replied, you haven't lived here for months, nor have you paid any of the bills since you left. So now he's saying that even though he really doesn't want to live here, he will move back in just so he can call the cops and have the guy removed. That seems absolutely absurd to me, and I'd like to prevent that from happening if I can. His name is still on the mortgage, so I know he has some say. But as a co-owner, I have a say as well. So if my ex called the cops, but my roommate hadn't spoken to or threatened my ex in any way, would the cops actually remove him?

Obviously he can say, "I own this house and I don't want this person here so make him leave." But couldn't I also say, "well I also own this house and I DO want him here"?

Clearly I'm dealing with a child here, but I just have no idea how this would all play out or what I should do.

He cannot call the cops and have the guy removed. It just doesn't work that way.

 

[justalayman]

He cannot call the cops and have the guy removed. It just doesn't work that way.

Not arguing with your technically legal point. Just want the op to be aware that the police could strongly urge the friend leave, possibly just "for the night" (at hand) or consider moving as a suggestion to allow a heated situation to calm down. They often give suggestions as peacekeepers although there is no legal force behind said suggestion.

Said suggestions are often accompanied with; if we have to come back here tonight somebody is going to jail.

And be aware it would likely end up as a domestic violence charge which are oh so much easier to prosecute than a "regular" assault charge. Just trying to warn you to proceed with caution. I don't know your ex and I have no idea how he might react to any given stimuli.

You would have a legal right to engage in sexual relations on the kitchen table while the ex sat at the table if that is your thing and the ex would have no legal right to demand you stop or the guy leave. You are entitled to your life within the house unfettered by the ex. Of course sometimes acting to avoid a confrontation is the better choice but you do have a right to "stick to your guns" and live as you choose and allow whomever you want into the house if you so choose.

Given he has agreed to allow you to buy him out and he could just as easily change his mind to refusing, you might consider what stirring the pot could do to your situation. Maybe figure out how to placate the ex until the deal is completed might be the wiser decision.

 

[tranquility]

For two owners, that would be (income-expense)/2. The other party is not entitled to 50% of the gross rentals receipts.

Do you have a cite for that? I put "profits" in quotes because...it depends. It might very well be the gross rental receipts in some jurisdictions. Why should the managing owner have the right to determine the expenses? What of depreciation? What of the managing owner's determination his room needs to be painted? What of mortgage interest? Principal paid on the loan?

A true case law search would have to be done on all the precise facts to know what "profits" means in this situation.

 

[tranquility]

But as a co-owner, I have a say as well. So if my ex called the cops, but my roommate hadn't spoken to or threatened my ex in any way, would the cops actually remove him?

Obviously he can say, "I own this house and I don't want this person here so make him leave." But couldn't I also say, "well I also own this house and I DO want him here"?

Clearly I'm dealing with a child here, but I just have no idea how this would all play out or what I should do.

Each owner has the right of possession. You can give that right to who you choose and allow someone else of your choosing to stay there. But, don't make it a big issue, as the other owner has the same right. Would you like him to give possession to a biker gang?