What happens if 2 co-owners cannot agree as to whether or not to rent their house out?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What happens if 2 co-owners cannot agree as to whether or not to rent their house out?

I have a friend who has gone through a divorce. At the time of their marriage, they bought a house where my friend was the only 1 of the 2 making the payments. However, her ex-husband was also listed on the deed to the property. Her ex-husband is also still currently on the deed and had previously damaged some of the property. The problem is really arising because she wants to rent her house to me but her ex-husband has been completely unresponsive to her and my attempts to contact him. I am willing to maintain and improve the property on my friend’s behalf since she lives in NY.

Asked on June 29, 2011 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Both owners should sign the lease or, if there is no lease, the co-owners should give their mutual consent to rent the property. If not legal action could ensue and a tenant, under certain circumstances, could be ordered to vacate the premises. The better course of action here is to get your friend's husband to give his permission for your tenancy.

Your friend might consider the possibility of "partion" action. This is a legal remedy when 2 co-owners of property cannot agree on the running of their property. In a case such as this, a court could instruct that the property be sold with the proceeds to be equitably split. However, before a sale would be ordered, the party not seeking the partion would have the chance to buy out the filing party's interest in the property at fair market value. While this solution may not help you as a tenant, it could help your friend. 


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 lock Secured with SHA-256 Encryption