My signficiant other owns a home with his ex girlfriend. Both of their names are on the mortgage and the title. He wants me to move in to the house that he currently owns with her as she hasnt lived there for over a year. I am hesistant to do this as not sure as to what her rights are to the house, and my rights or lack there of if I move in there. Just need some clarification before i make any decisions and approach this subject.
She owns half of the house. You do not own any part of the house. If the house is sold, she would be entitled to a portion of the proceeds. She might be able to force a sale of the house, although this process is complicated. Your legal position is not much different than if you moved into a house that your significant other owned with his mother or brother or anyone else.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Real Estate Attorney
The answer depends partially on how title is held. In CO, ownership is typically either joint tenancy or tenancy in common. In either case, since your significant other is an Owner, he is free to allow anyone he wants to live in his house. I presume that he is making 100% of the house payments. Should the ex-girlfriend insist that the house be sold, then she would be entitled to some portion of the home equity, based on her contribution to the purchase, but that does not preclude your right to live there with your significant other's permission.