Does rights of survivorship give a tennant to rent legally?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does rights of survivorship give a tennant to rent legally?
My brother and I are on the deed to a home in Marble NC. He is 78 and has rights to survivorship. He has been letting convicted felons addicted people stay there, and they are constantly stealing from him. He thinks that he is somehow going to help them. Since my name is on the deed, is there any way that I can stop him from renting rooms or having roommates?
Asked on November 20, 2016 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, his right(s) to the home--to use it, occupy it, rent it, let guests stay, etc.--is(are) equal to your own: you cannot stop him from doing this. If you cannot together decide what to do with the property, you may have to sell the home, split the proceeds, and go your separate ways. If you and he cannot voluntarily agree to do that either, you can bring a legal action for "partition" (i.e. file a lawsuit) seeking a court order directing that the home be sold and the proceeds split--that's how the law resolves the situation of real estate owners being unable to agree as to what to do with the property. If you wish to explore this option, consult with a real estate attorney about it.
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.