What are a co-owner’s rights to rent from a leased [property?

UPDATED: Nov 7, 2013

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What are a co-owner’s rights to rent from a leased [property?

If my brother were left properties when my parents past. 50% for each of us on all property. He has been renting a house to a friend of the family for about 3 years and I have seen no part of the rent. How is this suppose to be handled? I feel that I should be getting half of the rent amount. If I am right about getting half, how do I get my half if he refuses to share that amount?

Asked on November 7, 2013 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless there is some agreement (such as an agreement between your brother and you) to the contrary, you are entitled to a share of the rent equal to your share of ownership--in this case, 50%.

If your brother refuses to provide this, you could bring a legal action seeking your share of the profits; speak with a real estate attorney to explore this option.

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