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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.