Can a co-owner of my house make a decision to rent it out without my agreeing to it?

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Can a co-owner of my house make a decision to rent it out without my agreeing to it?

House in both names.

Asked on December 8, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless there is a written agreement to the contrary, one co-owner of real property can make a decision to rent out a property without the other owner agreeing to it. The rationale is that each of the co-owners are deemed under the law partners with the other.

Under the law of partnership, one partner can bind the other partner with respect to a given transaction. Your question shows why it is best to always have written agreements between partners setting forth what each can do with respect to a given property.


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