QUESTION
What do I do if I am not allowed on the property that I co-own?
Asked on Nov 23rd, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I purchased a home with my daughter. I invested $12,000. Daughter lives and pays mortgage. She wants to sell but I do not wish to. Home was an investment for me. Both names on deed, not JTIC or JT. She has others living in home without my permission. I was arrested and charged with trespassing by her when I went to check on property. I should have sought professional assistance prior to business venture. Any assistance would be appreciated.
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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First you can sue her for false arrest as a co-owner you were not trespassing... Second If you go to the property again take a copy of the deed showing you are a co-owner.. as tenants in common then if she calls the police to try to get you to leave you do not have to leave. Third, she can lease it to third parties use the proceeds to pay the mortgage and the expenses. Fourth she cannot sell without your signature unless she sues you and gets a court order splitting the property. My questions: is there any equity in the house? If so and she wants to sell ask her for a return of your investment plus a profit. do everything in writing and contact an attorney.
Answered on Nov 25th, 2014 at 6:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending on the title and other agreement it is doubtful your a guilty of trespass. As to the sale, the titling will again control.
Answered on Nov 25th, 2014 at 6:14 PM
You could bring an action to partition the property and have it sold and the proceeds divided. You could also bring an action requesting payment of rent, although the outcome of such an action is uncertain.
Answered on Nov 25th, 2014 at 1:31 PM