Sam is correct about partition. You also have another choice, an action for an accounting. Tenants-in-common have a right to their percentage shares of the income from a property rented to others. The owner collecting the rents can deduct reasonable expenses, but must account for the revenues collected and spent and pay you your share. This remedy is also available if you own the property as a corporation, limited partnership or limited liability company, but the right to distributions might be more complicated.
An advantage of an accounting is that it does not result in selling the property or one of you buying out the other. The disadvantage is that you still both own the property together.
Dana Sack
Answered on Mar 11th, 2017 at 12:53 PM