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  1. #1

    Default Co-Ownership Rental Rights

    Ok quick question here.
    I co-own a house with my brother, and I've never seen a dime from the rental income. The house is in California and it was being rented for just one year. My brother has the only key to the house, there's a locked gate on the premises, and now he's thrown out the tenants he had renting the house so the house is sitting empty. So my questions are these: I can't rent the house, can I? Since I don't have access to it? And if I did, could I collect the rent and would I be obligated to give my brother half the rent? Because if he rents the house out again, and I have no idea when that might be, isn't he obligated to split the proceeds with me after the expenses have been deducted? How does that all work?
    Thank you to whoever replies!

  2. #2
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    Default Re: Co-Ownership Rental Rights

    Why haven't you asked your brother about the rents to date, and why you haven't received a share, or whether you can have a key?

    Normally co-owners have equal rights to real estate, including rights to access and possession. I haven't seen the title work for your property, but I expect if you'll investigate you'll find out that's the case.

    I suggest entering into a written contract with your brother to address issues of access, rental, income, expenses, etc.

  3. #3

    Thumbs up Re: Co-Ownership Rental Rights

    Quote Quoting Mr. Knowitall
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    Why haven't you asked your brother about the rents to date, and why you haven't received a share, or whether you can have a key?

    Normally co-owners have equal rights to real estate, including rights to access and possession. I haven't seen the title work for your property, but I expect if you'll investigate you'll find out that's the case.

    I suggest entering into a written contract with your brother to address issues of access, rental, income, expenses, etc.
    I have asked my sibling for a key, he says I don't need one. I have asked him about that, and the rental income several times, he will not cooperate. And I have even asked him for an accounting, which he refuses to give me. His answer, when I ask him about the proceeds from the rent are: "I can't afford to give you a penny from the rent." I suppose a contract is the only way to work this out, unless I force a partition. Thank you Mr.Knowitall, for your reply.

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