Co-ownership with spouse

Spouse and I own farm adjoining property our house is located
on. Daughter is purchasing house and 1.5 acres on land
contract. She wants us to deed to her the 10 acres of farm. I
refuse to do it because of hostile relationship she has with
us. However, she is using the farm acreage for personal use.
Can I, as an individual make her leave the farm property
since I own half of it or does it have to be a joint effort
between myself and my husband?

Asked on October 3, 2018 under Real Estate Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Owners of jointly held property each have the right to let another use and occupy it. Accrodingly, since you and your husband are co-owners of the farm, then he has the legal right to let his daughter remain there. Without his cooperation, you cannot force her to leave.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you and your husband jointly own the land, they you would have to jointly remove her--or at least your husband would have to step aside and not interfere or let your daughter stay when you tried to remove her. Either joint owner can allow someone to use, occupy, etc. land, so if your husband allows her to stay, she can stay.


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