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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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I own rental income property with my sister and I have not

Customer Question

I own rental income property with my sister and I have not obtained any income. What are my legal rights?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.


Since each co-tenant has an equal right to possess the co-tenancy, exclusive possession by one co-tenant is generally valid. This means that it is possible that your sister could rent out the property and keep all the rent. This can be the case if she is in exclusive possession of the property because you voluntarily allowed her to possess the property alone.

However, if she ousted you from the property, then she must pay 1/2 the the fair market rental value for the property (assuming it is a 50-50 tenancy) for the duration of time that she remained on the property or leased it out as a result of the ouster. See Pico v. Columbet, 12 Cal. 414 (1859).