if I co-own a condo, what rights do I have to live at the property?

UPDATED: May 20, 2019

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if I co-own a condo, what rights do I have to live at the property?

My name is primary on the deed; my mother is the secondary co-owner. I am not listed on the mortgage though, my mother is. She has rented out the property and I am currently homeless.

Asked on May 20, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She had no right to throw away your belongings: that was theft, and you could press charges for it and/or sue her for their value. If the police you spoke to will help not you, go over their heads to higher-level officers or to the prosecutor's office.
A co-owner can rent out the space, so she could rent it out without your permission. Since the tenant is renting from someone with authority to rent it, you can't displace the tenant. But you can bring a legal action traditionally called an action "for partition" to get a court order requiring that the property be sold and the proceeds (after paying the cost of sale and paying off any mortgagers, liens, etc.) be divided between the owners. If you want to explore this option, consult wth attorney, who can also advise you as to suing your mother about your discarded belongings.

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