QUESTION
If my dad and uncle own 50/50 of property and my uncle is renting the property out without sharing the rent, what can my dad do?
Asked on Apr 04th, 2014 on Estate Planning - Colorado
More details to this question:
Also, does my dad have the right to half of the rent for the past 4 years?
17 ANSWERS
2 Awards
He will have to sue your uncle and I would suggest filing a partition action to have the property sold. If your uncle cannot buy your dad out or your dad buy your uncle out, the property will be sold to a third party. The past rent question is difficult. He may be able to get a part of it but certainly not 4 years back.
Answered on Apr 07th, 2014 at 1:16 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I'm assuming that your father and your uncle owned this property which is being rented out as joint tenants with right of survivorship. In this event you are correct that your father would have the right, from a moral standpoint, to one half of the rents that had been collected. What did your own cold do with the rent when it was collected? Your father may file a lawsuit against your uncle and seek reimbursement for his half of the rents collected in the theory for his recovery would be on the basis of an implied contract between him and your uncle. In the lawsuit he could ask not only for his half of the rents collected but for interest at the legal rate (9%) from the date of any judgment. He would also have the right to be reimbursed for his court costs in such an action. In order to do this, your father would have to retain the services of an attorney to represent him.
Answered on Apr 07th, 2014 at 8:18 AM
He is entitled to one half of the rents and the obligations that go with the property.
Answered on Apr 07th, 2014 at 8:18 AM
Yes, demand his share of the rent. Keep in mind that there may also be expenses that need to be paid or debts from prior years.
Answered on Apr 07th, 2014 at 8:17 AM
In the absence of an agreement for your uncle to keep all of the rent, your father is entitled to half. You should consult a real estate attorney to review all pertinent facts and documents and advise you how to proceed.
Answered on Apr 04th, 2014 at 5:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He needs to file a complaint for an accounting to have the rents properly paid. Now if the money was used to pay the mortgage and other expenses for the property, then there may not be anything to share.
Answered on Apr 04th, 2014 at 5:44 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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Yes, in California he probably has an equitable claim to a share of the rents. His claim may be subject to a fairly short statute of limitations, probably 2 years, so the longer he waits, the more passes beyond his reach. The property expenses such as mortgage interest, property taxes, utilities not paid by the tenant, management fees and hazard insurance would get paid "off the top," and only what is left is subject to his claim to a half.
Answered on Apr 04th, 2014 at 5:44 PM
Edwin K. Niles
Dad should see a lawyer.
Answered on Apr 04th, 2014 at 5:44 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Dad can make a demand for half of the rent, and if no payment, then dad can sue brother to recover his half. However he will be subject to half of the taxes, insurance, repairs on the property.
Answered on Apr 04th, 2014 at 1:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your dad is entitled to half of rent. It would appear that in the absence of cooperation and agreement, that a partition action might be the only recourse. That would force the property to be sold or for one of the brothers to buy the other out.
Answered on Apr 04th, 2014 at 1:51 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes, there's a statute of limitations, but if he ever wants to get anything, he should sue. Or maybe sell.
Answered on Apr 04th, 2014 at 1:47 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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What your dad has is a right to half of the rent *minus *any mortgage, property taxes, insurance, maintenance and other costs of the rental. Joint ownership of property is always a bad headache; your father should sue for "partition" of the property, in which case it will be sold and the proceeds divided. In the partition suit, he could include a claim for the rental proceeds.
Answered on Apr 04th, 2014 at 12:30 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your father has the right to a share of the net profit from the rental. If he takes no action he could lose his ownership interest through adverse possession. He will have assert his interest in court proceedings if necessary. Perhaps a partition action is necessary.
Answered on Apr 04th, 2014 at 10:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If they are joint owners I would think that your father would be entitled to half of the profits, as opposed to half of the rents given the fact that rental properties have a very significant expenses.
Answered on Apr 04th, 2014 at 9:47 AM
Absent any agreement to the contrary between your father and your uncle, yes, normally your father would be entitled to half the rent minus whatever your uncle spends to maintain the property, pay taxes, etc.
Answered on Apr 04th, 2014 at 9:33 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, all the owners of a property have the right to share in the rent.
Answered on Apr 04th, 2014 at 9:33 AM
Have your Dad's lawyer contact your uncle's lawyer.
Answered on Apr 04th, 2014 at 9:31 AM