Can a joint owner of a condo stop the other joint owner from having someone move in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a joint owner of a condo stop the other joint owner from having someone move in?
My mother and I are both listed on the title and mortgage of a condo, if she asks someone to move into the condo – can I stop this from happening?
Asked on October 18, 2010 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In the absence of an agreement to the contrary, the owner of property, including a co- or joint owner, has a right to have guests, even live in companions, or otherwise use the property as she wants. If the guest deprives you of your right to use the condo--e.g. takes over what had been your bedroom; or generally takes over the whole space--or damages the property or wastes money in some fashion, then you may have grounds for a legal action to either recover damagesor eject the guest--though as you can imagine, that can get very contentious with the co-owner. You and your mother should, before this happens, try to set down together and draw up some ground rules or an agreement that you can both live with, that will prevent later disputes. For example, if she has someone move in and you don't, would you be happy if that person paid rent or paid the utilities? Figure out what would work and try to get it down in an agreement to avoid later disagreement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.