Co Ownership Property Rights

Summary

As a co-owner, you have the right to occupy the property, but tenant rights and unpaid taxes complicate the situation. If theres no formal lease, you may have more flexibility. If a lease exists, review its terms and consider negotiating with the tenant and your brother. Legal advice may be necessary to explore eviction or buyout options. Your brother cannot legally prevent you from moving in, but addressing the tenant and taxes is crucial. Consider discussing the situation with your brother and consulting a lawyer for guidance.

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My name is Sierra.
Hi Sierra! How can I assist you with your legal issue today?
My brother, sister (currently a minor), and I co-own a house our mother left us when she passed away. I only found out about the house last year and have since been made aware taxes are owed on the house and the last payment hadn’t been since *. We owe around $*,*. Well my brother is currently renting out the house and had verbally said that he would keep the rent made his renter and he would take that as his buyout for the house and leave it for me and my sister but there was no formal agreement ever drafted for that. Well my brother says I can’t move into the house until I pay off the unpaid mortgage taxes by myself and show him receipts but I cannot afford to pay taxes on this house and still pay rent somewhere else. I would like to know if I can legally move into the house without problems even though his renter is still living there under lease and he doesn’t want me there because I have the right to occupy because I am on the title.
Hey Sierra, that's quite a tricky situation. To better understand, can you tell me if there is a formal lease agreement with the current renter?
My brother said there was but has given no proven of it.
Got it, Sierra. Here are some key points to consider:
- As a co-owner, you have the right to occupy the property, but you cannot evict a tenant without cause if there is a formal lease.
- If there is no lease, you might have more flexibility, but tenant rights could still apply.
Would you like guidance on how to proceed legally in this situation?
Yes.
Case Rating: *
Sierra, since you are a co-owner, you have certain rights to the property. However, the presence of a tenant complicates things. Here are some legal points to consider:
- If there's no formal lease, you may have more flexibility in dealing with the tenant.
- You might need to address the unpaid taxes collectively with your siblings or seek legal advice on how to negotiate this with your brother.
Would you like to know more about specific steps you can take or need further details on any of these points?
Yes please. Also what options do I have if there WAS a formal lease as well?
Case Rating: *
Sierra, here are some options to consider if there was a formal lease:
- Lease Agreement: Review the lease agreement to understand the terms and conditions, including the duration and eviction clauses.
- Negotiate: Try negotiating with the tenant and your brother for a mutually agreeable solution.
- Legal Action: You may need to consult with a lawyer to explore legal actions for eviction or buyout of the tenant.
Would you like to know more about any specific step?
Can my brother prevent me moving in?
Case Rating: *
Sierra, your brother cannot legally prevent you from moving in as a co-owner, but dealing with the tenant and unpaid taxes might complicate things. Here are some steps to consider:
- Communicate: Discuss the situation with your brother and try to reach an amicable agreement.
- Consult a Lawyer: Seek legal advice to understand your rights and explore options for dealing with the tenant and taxes.
Would you like detailed guidance on any of these steps?