Legal Question in Real Estate Law in California

Re: dual ownership of a rental property

You have every right to an accounting and your share of rents. Contact me directly.

Re: dual ownership of a rental property

If you both own the house then you are entitled to use it just as he is. If he rents it out, you should get 1/2 the rent, but only after deduction for the expenses he incurred to make it rentable. If he made repairs without telling you, you might be able to make him have to pay for those repairs, but if it benefitted the house yo might have a hard time since it benefitted you also.

You need to work out an agreement, in writing, as to all aspects of the house. In that agreement, you will have to consider the tax consequences of what you do. If he is not willing to share the rent with you, you probably need to get an attorney to write a sharp [not nasty] letter to him explaining the law.

Re: dual ownership of a rental property

It depends on several factors which require additional information. However, if you are tenants in common or joint tenants, you have equal right to possession. You indicated the house is currently being rented. If it is to a third party, then you likely are entitled to an accounting of rents and expenses. You don�t' indicate whether you contributed to the improvements but that would come under consideration as well. If your uncle does not voluntarily provide you with the documents and information, you may need to go the court route with an action for an accounting.

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Re: dual ownership of a rental property

Yes, need to get a share of income. You also have to work out an agreement, because if you dont, in five years, your uncle may come to adversely possess the property.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.