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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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.


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