If I have a 50/50 shared property can the other owner tell me when I am allowed to be on the property? 38 Answers as of May 29, 2013

I own a lake house with my brother and we both own 50%.

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NOLAN LAW LLC | Joshua J. Nolan
If the property is titled in both your name and your brother's name, then you each have equal right to access the property.
Answer Applies to: Ohio
Replied: 8/10/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
No, unless you have some sort of written agreement regarding occupancy and use.
Answer Applies to: Rhode Island
Replied: 8/10/2012
Slotnick & Schwartz
Slotnick & Schwartz | Leonard T. Schwartz
Unless there is some other agreement you both own the property equally and both have the right to be there at any time. Just because you own only 50% does not automatically limit either of you to 50% of the time.
Answer Applies to: New Jersey
Replied: 8/10/2012
Law Office of Gregory Crain | Gregory Crain
No.
Answer Applies to: Arkansas
Replied: 5/29/2013
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
If you are 50/50 owners with your brother you should be able to communicate with one another to resolve any conflicts about who is going to use the property and when they are going to use it. Common courtesy between you should resolve any issues you have. If you can't peacefully co-exist you might talk with your brother about one of you buying out the other's interest in the property which would resolve the problem you seem to be having.
Answer Applies to: Michigan
Replied: 8/10/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    No, in cases where there are multiple owners of a property, unless there is an outside agreement to the contrary, each owner has 100% right to be on/use the property.
    Answer Applies to: Utah
    Replied: 8/10/2012
    Law Office of Grady G Gauthier | Grady G Gauthier
    If you own the property as tenants in common, the other tenant(s) do not have a right to keep you from the property unless there is some other legal/contractual obligation, i.e. restraining order.
    Answer Applies to: California
    Replied: 8/10/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    He should not be able to; however, I would need to see the deed to determine how the both of you hold ownership in the property.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    LAW OFFICE OF JEFFREY Z DWORIN
    LAW OFFICE OF JEFFREY Z DWORIN | JEFFREY Z DWORIN
    In short, no. If you each own 50 %, then you are either: 1. Tenants in Common - you each own an undivided half interest and each have the right to full use of the property (subject to a limited extent to one of you using it as primary residence and paying all expenses. 2. Joint Tenants - you each have equal rights in the property and one will be sole owner if the other dies. This can be converted to tenancy in common if either of you sells the property or moves for partition. 3. Indestructible Joint Tenants - Joint Tenants with Rights of Survivorship, or JTROS. This joint tenancy cannot be partitioned or defeated. The above differences determine your remedies. If you and your brother cannot work things out, you should at least consult with an attorney.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Lisa L. Hogreve, LC | Lisa L. Hogreve
    Technically, no. You and your brother both have equal right to be on the property 100% of the time. That being said, it sounds like your brother wants his privacy when he is there. I suggest you and your brother sit down and agree on a schedule to time share the property. Otherwise you risk losing peace and tranquility in your family and your time at the lake.
    Answer Applies to: Florida
    Replied: 8/9/2012
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    No, owners have equal access to jointly owned property.
    Answer Applies to: Alabama
    Replied: 8/9/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If each of you own an undivided 50% each of you have the right to use the property. Obviously, you may not be able to use it at the same time so hopefully you have an agreement as to who gets to use it when and if both of you want to use it at the same time how that is determined. Your best course of action is to talk to your brother and reach agreement.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Olson Law Firm | Edward M Olson
    Joint owners have equal rights and responsibilities. You both also have a duty not to breach the peace (not to cause fights). If you cannot work together then either the property needs to be sold or one party buys out the other.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Law Office of William L Spern | William Spern
    In Michigan, a co-tenant has the right to enter on to the property at any time.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    No, you have the full right to be on the property at any time you want, as he also does.
    Answer Applies to: Maine
    Replied: 8/9/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Typically in this situation you have an undivided half interest in the property. You have as much right as your brother to be there. He has no right to exclude you.
    Answer Applies to: New Jersey
    Replied: 8/9/2012
    Gary L. Platt, Attorney at Law | Gary Platt
    Assuming you and your brother each own an UNDIVIDED one-half interest in the property, your brother cannot legally prevent you from being on the property. However, if your ownership is subject to a written agreement which limits your access to certain days, you would have to abide by any such agreement.
    Answer Applies to: California
    Replied: 8/9/2012
    Law Offices of Michael N. Stafford | Michael N. Stafford
    Under California law if you are the owner of property with others you have an absolute right to use the property absent an agreement to the contrary.
    Answer Applies to: California
    Replied: 8/9/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Generally if you own any interest in a real property you can use it for any legal purpose without permission of the other co-owners as long as your use does not diminish the value of the property (a legal term called waste) So no.. you should not need your brothers permission to be on property you own any legal interest in.. (even it is less than 50% interest) There are always exceptions to this rule though so.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Andrew D. Campbell, Attorney at Law | Andrew D. Campbell
    No. Your ownership interest with your brother is what is called "tenants in common." With this type of interest, each 1/2 owner has the absolute right to use and occupy the entire property as long as they do not commit waste of the resources or otherwise impair the rights of the other co-owner. Your brother cannot legally tell you when you can or cannot be on the property.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Casler Law Offices PLLC
    Casler Law Offices PLLC | Carlton C. Casler
    No. If a co-owner wrongfully excludes you from the property, you can sue for the value of the loss of the use of the property. Because this is a family member, you may want try to avoid litigation. One of you could buy the other's interest in the property or you could sell your interest to someone else.
    Answer Applies to: Arizona
    Replied: 8/9/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    No, unless the deed itself has some specific reservation to that affect. This sounds like a prime candidate for a partition of sale action whereby one party sues the other to have the court sale and/or divide the property.
    Answer Applies to: Alabama
    Replied: 8/9/2012
    Fidelity National Title Insurance Company
    Fidelity National Title Insurance Company | Andrew Capelli
    If you both have a 50% equal ownership, you each have equal access to the property. Neither of you could realistically deny access to the other. If you and your brother cannot amicably make arrangements for the property's use, perhaps you should consider selling it.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Salladay Law Office | Lance Salladay
    Without some other agreement about how time is to be shared, each of you own and have a right to the house equally.
    Answer Applies to: Idaho
    Replied: 8/9/2012
    Chmielik Law Firm, LLC
    Chmielik Law Firm, LLC | Martin Chmielik
    If you own property as Joint Tenants or Tenants in Common and own an "undivided 1/2 interest" in the property, then you own an interest in the whole property. Meaning, you have just as much a right to use all of the property as your co-tenant in common, and they do not have the right to bar you from the property unless they file for a partition action in court (to either split the property in half or force a sale) or buy out your half of the property.
    Answer Applies to: Missouri
    Replied: 8/9/2012
    Park Law Offices LLC | Kevin Parks
    Just because the property ownership is divided 50/50, there are other considerations that must be taken into account, specifically the title and type of deed that vests ownership, and whether any such exclusionary agreement had already been made between you and the other owner (such as a timeshare agreement or the like.)
    Answer Applies to: Oregon
    Replied: 8/9/2012
    Sultan Law Office | Gregory Sultan
    Yes, as much as you can tell him when he can be there. If you are not getting along. Either one of you buys out the other or you put it up for sale and split what is left. If you can't agree on that either one of you can go to court to have the property sold.
    Answer Applies to: Illinois
    Replied: 8/9/2012
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    You both have equal rights to the property. If there is a dispute to the property you can always file a partition action.
    Answer Applies to: Oklahoma
    Replied: 8/9/2012
    Brett Pedersen & Associates
    Brett Pedersen & Associates | Brett Alexander Pedersen
    As owner, you have a right to possession anytime, unless somebody else has full-time possession, then you have to give 24-hour notice. You need to work this out amicably, or it could turn into a partition case to sell the property.
    Answer Applies to: California
    Replied: 8/9/2012
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Joint ownership is a problem if the parties don't get along. Legally, each joint owner has the right to use the property. Neither party can exclude the other and neither party needs the other's permission to use the property.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Law Offices of Frances Headley | Frances Headley
    All joint owners have the rights and responsibities of ownership, including the right to use the property, have a say in its use as well as paying for all expenses of the property. Your question illustrates why it is a good idea to have an agreement between co-owners about how the use and expenses will be divided up. You should consult a real estate attorney to review all of the facts and relevant documents to determine your best course of action.
    Answer Applies to: California
    Replied: 8/9/2012
    The Law Offices of Tres A. Porter | Tres A. Porter
    Depends upon the situation. Is he living there? If he is not living there then he would not have a right to exclude you from the property.
    Answer Applies to: California
    Replied: 8/9/2012
    Victor Varga | Victor Varga
    No, not at all. You both have equal rights to the use and possession of the property.
    Answer Applies to: Maryland
    Replied: 8/9/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally not, you would each have the same rights but I cannot give a firm opinion without more information.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Both of you have qual rights to use the property.
    Answer Applies to: Michigan
    Replied: 8/9/2012
    Halperin Law Offices | Ivan Halperin
    You both have an equal right to be on the property; you both can tell each other when not to be on the property. You need to negotiate a schedule of who gets what days there. If you can't negotiate a satisfactory arrangement, you'll need an attorney to file an appropriate action. Good luck!
    Answer Applies to: California
    Replied: 8/9/2012
    Law Offices of Stanton Lee Phillips
    Law Offices of Stanton Lee Phillips | Stanton Lee Phillips
    The answer is generally NO. How is title held? Tenants in common? The deed or instrument granting ownership should/must be reviewed. Is there a time constraint or restriction in any agreement between the two of you?These are "threshold" issues that must be answered. Nonetheless, many properties are held by "Joint tenants" and very often joint tenants believe that they each own "50%"; that is simply not the case. Each is an owner of an undivided "whole" of the property. Again, you must look to the instrument that grants ownership.
    Answer Applies to: California
    Replied: 8/9/2012
    Jones Jones & Mosley PA
    Jones Jones & Mosley PA | Bernard Jones
    Assuming you mean you and each own an undivided 1/2 interest in the property, the answer is no. His interest is not superior to yours. They are equal. Same rights to possession.
    Answer Applies to: Mississippi
    Replied: 8/9/2012
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