If I own 50% of a house and I don’t want pets inside it, can the other owner have a pet inside anyway?

UPDATED: Feb 10, 2011

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If I own 50% of a house and I don’t want pets inside it, can the other owner have a pet inside anyway?

Asked on February 10, 2011 under Real Estate Law, North Carolina


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

Answered 11 years ago | Contributor

Yes the other owner can do this. Unlike a landlord-tenant relationship, such activity cannot be prohibited (unless of course you had some agreement to the contrary). As a co-owner your only remedy here would pretty much be to  file a "partition".  This is a legal remedy available to co-owners of property when they cannot agree as to ownership matters.  Partition allows for the division of property among co-owners; any co-owner can file for it.  Accordingly, if a property can be physically divided the Court will so instruct.  However, where division would be impracticable (as in the instance of a single family house) a Court would order a sale in lieu of partition and an equitable division of the proceeds among the co-owners.  Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.

While a rather extreme solution under the circumstances, it would solve your problem.

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