Can I lease out my portion of the house that I share with my brother?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I lease out my portion of the house that I share with my brother?

My brother and I are equal owners of the property but the mortgage loan is under my brother’s name. Due to some issues I want to lease out my portion of the house. Also is it legally allowed for my brother to build another room and attach to the house without my permission?

Asked on April 12, 2012 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is th issue. If you are equal owners of the home, you have equal rights to the home. If you own as joint tenants, there may be issue with respect to the idea of pulling building permits and get a person to do it who is licensed. If you own as joint tenants, there may be more legal issues you can argue than if you were tenants in common. Either way, if your brother wishes to pay for the improvements to the home, he can pay for it with his money but if he attempts to pull equity from the home (HELOC), then you best make sure he doesn't attempt to forge your signature or try to get it on his own. He may be precluded because of the legal ramifications of using money from the home without both owners on the loan (homestead issues and disclaimers and such). As an owner, you can certainly lease out portions of the home but if the mortgage loan is solely in your brother's name, it won't matter. That only has to do with the promisory note. Again, if he attempts to pull equity, you have to be a signatory on the mortgage (not the note).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption