Technically, a co-owner has the same rights to occupy the property as any other co-owner. This is particularly problematic when one co-owner tries to exclude others from having similar rights to the property. An occupying co-owner does have the duty to account to the other co-owners and arguably should be paying fair market rent. If you don't like the situation, you can go to court and try to get a judge to order the partition of the property which is an order that requires that the property be sold. Usually when faced with that result, an arrangement is made between co-owners for a buyout of an interest, or the payment of rent, or something else similar to that.
This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Feb 06th, 2012 at 11:21 AM