QUESTION
If three people own a house, can two of them decide to rent it even if one of the three doesn't want to?
Asked on Apr 04th, 2014 on Landlord and Tenant Law - Rhode Island
5 ANSWERS
Generally, all co-owners of a property must agree on how it is to be used unless they have a written agreement that allows for action regarding the property to be taken with less than unanimous consent.
Answered on Apr 09th, 2014 at 6:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need more information. Depends on the situation.
Answered on Apr 08th, 2014 at 7:21 AM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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Any of the co-owners of the home can rent it to a third-party or Live in it. If there is a disagreement, one of the co-owners needs to file a partition action to liquidate the co-ownership interests. Each co-owner is entitled to their share of any rent paid from a third-party.
Answered on Apr 07th, 2014 at 11:39 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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More than likely. The person who only has a third can either go to court and ask for an apportionment or the other two can buy that person out. However, even though the third owner doesn't want to rent the place out, he or she is entitled to one-third of the net rent.
Answered on Apr 07th, 2014 at 11:11 AM
Business Attorney serving Warwick, RI
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Arthur D. Parise Attorney at Law
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No. If the third feels strongly enough that party can file what is known as a suit to partition real estate, which asks the Court to sell the real estate and divide the proceeds according to title ( in this case 3 ways).
Answered on Apr 07th, 2014 at 11:00 AM