In Florida, owning a home with someone else means you both hold legal rights to the property, but those rights vary depending on how the ownership is structured. There are three main types of co-ownership in Florida: tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety.
Tenancy in common is the most flexible. It allows owners to hold unequal shares and does not provide automatic inheritance rights if one owner dies. Joint tenancy with right of survivorship, on the other hand, ensures that the surviving owner automatically receives the deceased owner’s share. Tenancy by the entirety is reserved only for married couples and treats them as a single legal unit. If a couple divorces, this form of ownership automatically converts into a tenancy in common.
Why does this matter? Because the type of ownership directly affects your rights, including whether you can keep someone from moving in, what happens if you want to sell, and how disputes are resolved.
Can My Co-Owner Let Someone Move In?
Usually, yes. In most co-ownership situations, each person has an equal right to use and occupy the entire home—even if they own just a small share. This means one co-owner can invite someone else to live there without getting your permission. That right is baked into Florida’s property laws and does not require both parties to agree on who stays in the home.
But just because it is legal does not mean it feels fair. These situations often cause conflict, especially when one owner feels like they are footing the bill or losing privacy. Maybe your co-owner brings in a new partner, a cousin, or even a tenant, and suddenly you are sharing a space you never agreed to share. Unfortunately, unless there is a written agreement in place that limits these decisions, the law typically sides with the idea of equal possession.
It is a frustrating reality: you may be paying most of the expenses, handling maintenance, and living there full time, but you cannot always stop your co-owner from inviting someone else in. These scenarios highlight the importance of clear agreements and communication up front, but many people do not think about it until it is too late.
What If I Object to the Guest?
Even if the guest was not your choice, you usually cannot just change the locks or tell them to leave. As frustrating as it is, the law gives your co-owner the right to invite others in, and that means the guest has legal permission to be there—at least initially. Calling the police or trying to physically remove them is not likely to work unless there is a safety issue or a specific legal violation.
If you want the person out and your co-owner refuses to act, your options become more complex. One approach is to file for civil ejectment, which is a lawsuit aimed at removing someone who has no legal claim to stay. But this only works if the guest has overstayed their welcome and is no longer there under the co-owner’s active permission. In other cases, you may need to consider a partition lawsuit, which asks the court to divide or sell the property so you are no longer legally tied to the other owner.
Another possible angle is arguing that the guest has become a tenant. If the person has paid rent, received mail, or established a pattern of residency, a court may view them as a tenant instead of a guest. This can shift the situation into the realm of landlord-tenant law, requiring a formal eviction process. In short, whether you can remove them depends entirely on the facts—who invited them, how long they have stayed, and what their relationship is to the property.
Emergency Situations and Protective Options
There is one clear exception to the usual rules: when safety is involved. If the person living in the home is threatening, harassing, or abusive, the law does provide ways to intervene—even if they were invited by your co-owner. Florida courts allow people in danger to request a protective injunction, which can temporarily or permanently restrict someone’s access to the property, regardless of ownership status.
This is not the same as ejectment or eviction. Injunctions are used in situations where someone fears for their safety or is experiencing violence, stalking, or serious emotional distress. In these cases, a judge can issue an order that bars the person from coming near the home or having contact with you at all. If granted, this can give you immediate relief while you figure out longer-term solutions like ending the co-ownership or seeking sole possession of the home.
For anyone facing threats or intimidation, taking action quickly is critical. Speak with an attorney, and if needed, contact a domestic violence hotline or legal aid organization in your area. Emergency cases follow a very different legal process, and the system is designed to prioritize your safety first.
How to Prevent This from Happening Again
If a co-owner has brought someone into the home without your consent, and you are stuck living with the consequences, the best move may be to prevent it from happening again. One of the most effective ways to do that is by creating a co-ownership agreement. This legal document can spell out who is allowed to live in the home, how decisions are made, how costs are split, and what happens if someone wants to sell.
For example, a co-ownership agreement might include a clause requiring both owners to agree before any long-term guest moves in. It can also cover things like exclusive use of certain rooms, sharing of utility bills, or how disputes will be resolved. Having these expectations in writing makes it much easier to protect your interests and avoid unnecessary conflict.
If things have already broken down beyond repair, a partition action might be your best option. This is a legal process that allows a judge to divide or sell the property so each party can walk away with their share. It is not always quick or simple, but it can be a clean way to end a toxic or unworkable co-ownership situation.
Whether through a written agreement or a complete legal separation of ownership, taking proactive steps now can save you from repeating the same frustrating experience down the road.
