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  1. #1
    Join Date
    Apr 2010
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    3

    Default If I Co-Own a Property, Can I Rent My Half

    Mass

    I co-own w/sibling with plans to convert into two condos. He cannot afford his portion of the conversion as of yet and may take him years he says. I can't afford the total amount of conversion. In short, I need to get my family into more space now as it is uncomfortable for a family of five in a two bedroom flat. He disapproves of me renting my half to neither family nor strangers. Do I absolutely need his approval to rent out this space? I'm not
    interested in the petition to partition scenario.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: If I Co-Own a Property, Can I Rent My Half

    You're describing an intent to separate the property, but a present situation where you have one single unit that is shared by the two of you?

    If so, absent something to the contrary in a contract or the deed, you and your brother would have the right to access and use the entire property. What tenant in his right mind would rent from you alone, knowing that your brother could walk in on "his" room - or use it - any time he wanted?

  3. #3
    Join Date
    Apr 2010
    Posts
    3

    Default Re: If I Co-Own a Property, Can I Rent My Half

    Property is a two family. His family upstairs. Mine downstairs. There was a document written up and signed by us both last year defining what space is his and that my space downstairs he claims no responsibility. Both names on mortgage & master deed.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: If I Co-Own a Property, Can I Rent My Half

    I can't read the contract from here. Have it reviewed by your lawyer.

    I also can't see from here what "Property is a two family" means. For example, are there separate entrances, or is it just that you've decided that the stairs between levels demarcate what's yours versus what's his.

  5. #5
    Join Date
    Apr 2010
    Posts
    3

    Default Re: If I Co-Own a Property, Can I Rent My Half

    A meeting with lawyer is in the near future..
    To answer your question, there are totally separated entrances. It's like two apartments. One on top of the other.
    I suppose this may not be the typical situation but I've appreciated your responses regardless.

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