What can I do if my sister and I own a house together but she has been keeping all of the rental income?

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What can I do if my sister and I own a house together but she has been keeping all of the rental income?

She mother has been living in there. It also has a mother-in-law unit attached to it, in which my mother was living until she died last year. My sister immediately rented it out but now refuses to give me half of the income from the rental. Is there anything that I can do to receive my share?

Asked on February 2, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue your sister: if you are both owners, then unless there is some agreement between you in which you agreed to allow her to keep all the rental income (e.g. in exchange for maintaining and managing the home), you are legally entitled to a share of rental income equal to your share of ownership (presumbably 50%). If she won't pay you your share, you can take her to court.


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