If I am the co-owner of land/house as tenants in common, what about the personal property in the house?

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If I am the co-owner of land/house as tenants in common, what about the personal property in the house?

I co-own (with 1 other person) a piece of land with a house on it. The ownership form is “tenants in common”. Clearly, the house structure and land can be used by either party and not obstructed, but what about each person’s personal property within the house? As a simple example, say the other person bought a couch and put it in the house. Do I have the right to sit on it or can they say no and prevent me? What about items that were there in the house when the real property was deeded (say, like some beds and a stove and a microwave).

Asked on August 22, 2012 under Real Estate Law, West Virginia

Answers:

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

Answered 8 years ago | Contributor

The term "personal property" explains itself.  Property in the house when it was purchased could be argued is owned as co-tenants.  Now, here is the REAL issue: are you goiing to go through the rest of the your ownership years deciding whose is whose?  I do not think that that is a good idea.  I think that you need to come to an agreement as soon as possible.  Good luck. 


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