What is a co-owner’s rights to a share iof rental proceeds?

Mother and daughter-in-law inherit home in CA from mother’s mother. Daughter-in-law and boy friend rent home out. Daughter-in-law keeps all proceeds from rent. What are mother’s options?

Asked on December 6, 2010 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Mother's option is to sue the daughter in law for the proceeds from the rental.  How is she renting it out anyway without your signature on the lease?  You are an owner as well and the lease that she entered in to may very well be void or voidable under the law.  Was the property ever transferred out of your Mother's name and in to yours and your daughter in law's name?  You need to seek some legal help here with all of this.  It may be a good time to think about what your options are to part ways with your daughter in law.  It does not sound like a good person to be in business with.  Good luck.


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