Does rights of survivorship give a tennant to rent legally?
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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 8 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.
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