How do I collect on rental property that is jointly owned?

UPDATED: Jun 13, 2011

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How do I collect on rental property that is jointly owned?

Over 10 years ago my mother gave her share of property she owned jointly with my father to me and my 2 brothers. One of these properties is a rental property that my father has been collecting rent is owned by my father 50% and my brother and I. My father has refused to pay any of the proceeds he has collected I have asked for payment twice over the last ten years or more he has flatly refused, I am disabled and need this income to help with living expenses, what can I do?

Asked on June 13, 2011 under Real Estate Law, Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You could sue your father for your share of the rental proceeds that he has not paid to you.  In your lawsuit, you can demand an accounting to determine the exact amount of the proceeds he has been receiving from the rental property.  The remedy you should seek in court is a constructive trust.  A constructive trust will require your father to convey to you the rental income he is wrongfully withholding from you.

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