QUESTION
If I have a 50/50 shared property can the other owner tell me when I am allowed to be on the property?
Asked on Jul 09th, 2012 on Landlord and Tenant Law - Mississippi
25 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 1:02 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Unless there is some other agreement you both own the property equally and both have the right to be there at any time. Just because you own only 50% does not automatically limit either of you to 50% of the time.
Answered on Aug 10th, 2012 at 5:31 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If you are 50/50 owners with your brother you should be able to communicate with one another to resolve any conflicts about who is going to use the property and when they are going to use it. Common courtesy between you should resolve any issues you have. If you can't peacefully co-exist you might talk with your brother about one of you buying out the other's interest in the property which would resolve the problem you seem to be having.
Answered on Aug 10th, 2012 at 1:48 PM
No, in cases where there are multiple owners of a property, unless there is an outside agreement to the contrary, each owner has 100% right to be on/use the property.
Answered on Aug 10th, 2012 at 1:35 PM
If you own the property as tenants in common, the other tenant(s) do not have a right to keep you from the property unless there is some other legal/contractual obligation, i.e. restraining order.
Answered on Aug 10th, 2012 at 9:56 AM
Construction Attorney serving Bloomfield Hills, MI
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Law Offices of Jeffrey Z. Dworin
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In short, no. If you each own 50 %, then you are either: 1. Tenants in Common - you each own an undivided half interest and each have the right to full use of the property (subject to a limited extent to one of you using it as primary residence and paying all expenses. 2. Joint Tenants - you each have equal rights in the property and one will be sole owner if the other dies. This can be converted to tenancy in common if either of you sells the property or moves for partition. 3. Indestructible Joint Tenants - Joint Tenants with Rights of Survivorship, or JTROS. This joint tenancy cannot be partitioned or defeated. The above differences determine your remedies. If you and your brother cannot work things out, you should at least consult with an attorney.
Answered on Aug 09th, 2012 at 8:58 PM
Dennis P. Mikko
If each of you own an undivided 50% each of you have the right to use the property. Obviously, you may not be able to use it at the same time so hopefully you have an agreement as to who gets to use it when and if both of you want to use it at the same time how that is determined. Your best course of action is to talk to your brother and reach agreement.
Answered on Aug 09th, 2012 at 8:45 PM
Joint owners have equal rights and responsibilities. You both also have a duty not to breach the peace (not to cause fights). If you cannot work together then either the property needs to be sold or one party buys out the other.
Answered on Aug 09th, 2012 at 8:40 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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In Michigan, a co-tenant has the right to enter on to the property at any time.
Answered on Aug 09th, 2012 at 8:33 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Assuming you and your brother each own an UNDIVIDED one-half interest in the property, your brother cannot legally prevent you from being on the property. However, if your ownership is subject to a written agreement which limits your access to certain days, you would have to abide by any such agreement.
Answered on Aug 09th, 2012 at 5:44 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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Under California law if you are the owner of property with others you have an absolute right to use the property absent an agreement to the contrary.
Answered on Aug 09th, 2012 at 5:37 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally if you own any interest in a real property you can use it for any legal purpose without permission of the other co-owners as long as your use does not diminish the value of the property (a legal term called waste) So no.. you should not need your brothers permission to be on property you own any legal interest in.. (even it is less than 50% interest) There are always exceptions to this rule though so.
Answered on Aug 09th, 2012 at 5:34 PM
No. If a co-owner wrongfully excludes you from the property, you can sue for the value of the loss of the use of the property. Because this is a family member, you may want try to avoid litigation. One of you could buy the other's interest in the property or you could sell your interest to someone else.
Answered on Aug 09th, 2012 at 1:02 PM
If you both have a 50% equal ownership, you each have equal access to the property. Neither of you could realistically deny access to the other. If you and your brother cannot amicably make arrangements for the property's use, perhaps you should consider selling it.
Answered on Aug 09th, 2012 at 12:52 PM
You both have equal rights to the property. If there is a dispute to the property you can always file a partition action.
Answered on Aug 09th, 2012 at 12:50 PM
Landlord Attorney serving Springfield, MO
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Chmielik Law Firm, LLC
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If you own property as Joint Tenants or Tenants in Common and own an "undivided 1/2 interest" in the property, then you own an interest in the whole property. Meaning, you have just as much a right to use all of the property as your co-tenant in common, and they do not have the right to bar you from the property unless they file for a partition action in court (to either split the property in half or force a sale) or buy out your half of the property.
Answered on Aug 09th, 2012 at 12:45 PM
Kevin Elliott Parks
Just because the property ownership is divided 50/50, there are other considerations that must be taken into account, specifically the title and type of deed that vests ownership, and whether any such exclusionary agreement had already been made between you and the other owner (such as a timeshare agreement or the like.)
Answered on Aug 09th, 2012 at 12:34 PM
Brett Alexander Pedersen
As owner, you have a right to possession anytime, unless somebody else has full-time possession, then you have to give 24-hour notice. You need to work this out amicably, or it could turn into a partition case to sell the property.
Answered on Aug 09th, 2012 at 12:26 PM
Joint ownership is a problem if the parties don't get along. Legally, each joint owner has the right to use the property. Neither party can exclude the other and neither party needs the other's permission to use the property.
Answered on Aug 09th, 2012 at 12:26 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Depends upon the situation. Is he living there? If he is not living there then he would not have a right to exclude you from the property.
Answered on Aug 09th, 2012 at 12:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, you would each have the same rights but I cannot give a firm opinion without more information.
Answered on Aug 09th, 2012 at 12:24 PM
Leonard A. Kaanta
Both of you have qual rights to use the property.
Answered on Aug 09th, 2012 at 12:23 PM
All joint owners have the rights and responsibities of ownership, including the right to use the property, have a say in its use as well as paying for all expenses of the property. Your question illustrates why it is a good idea to have an agreement between co-owners about how the use and expenses will be divided up. You should consult a real estate attorney to review all of the facts and relevant documents to determine your best course of action.
Answered on Aug 09th, 2012 at 12:22 PM
General Business Litigation Attorney serving Beverly Hills, CA
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Stanton Lee Phillips
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The answer is generally NO. How is title held? Tenants in common? The deed or instrument granting ownership should/must be reviewed. Is there a time constraint or restriction in any agreement between the two of you?These are "threshold" issues that must be answered. Nonetheless, many properties are held by "Joint tenants" and very often joint tenants believe that they each own "50%"; that is simply not the case. Each is an owner of an undivided "whole" of the property. Again, you must look to the instrument that grants ownership.
Answered on Aug 09th, 2012 at 12:21 PM
Criminal Defense Attorney serving Ridgeland, MS
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Jones Law Firm
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Assuming you mean you and each own an undivided 1/2 interest in the property, the answer is no. His interest is not superior to yours. They are equal. Same rights to possession.
Answered on Aug 09th, 2012 at 12:12 PM