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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Tenants in Common.There are three owners,

Customer Question

Question is regarding Tenants in Common. There are three owners, one of which is living on the ranch property and untilizing a portion of it. He is not paying rent, but he is expensing his own purchases as those of the RANCH PROPERTY'S which is eating up what little money is coming in at the moment. There are no written agreements which allow him to live there rent free, but because he has the majority stake in the property we are at his mercy. Our share of the property is part of our mother's trust, and the attonery which was appointed by the court is NOT willing to pursue this matter. And on top of that said trustee choice himself as Attonery for the trust and co-attonery for the property in question. Does the Owner that is living on the ranch property have the right to be utilizing the property in this fashion with out being charged rent? The portion he is on; includes 3 barns which could be rented out for profit
Submitted: 5 years ago.
Category: Legal
Expert:  Dwayne B. replied 5 years ago.
In short, yes. In a tenancy in common each owner has an absolute right to the whole of the property. So any or all of you could go and live there and have free rein over the entire ranch. To stop this you would have to file suit to partition the land. Similarly, you all have a right to the income, until such time as a court says different.

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