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OUR INSIGHTS

  • Jeremy Callander

Eviction

Can you be evicted from your own home and forced to sell your interest in the property to your ex-partner, when there has been no misconduct on your part?

In short: if you are a registered co-proprietor of the property then no, you cannot.

Imagine that, together, Jack and Jill own the family home and a rental property. After a period the relationship is over. Jill wants Jack to move out.

Now, Jill can ask the Court to force Jack to sell his interest in the rental property to Jill.

However, there are a number of factors which the Court will consider before doing so – in particular the hardship to Jack which may result from the forced sale, versus the hardship to Jill if Jack is not forced to sell.

But the rental property is one thing. The family home – Jack’s home – is quite another.

The Court will not order Jack to sell his interest in the family home to Jill. All things being equal, if you own the home that you live in, you cannot be evicted from it.


If you need advice, give us a call 03 477 8080.



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