Legal Question in Real Estate Law in Hawaii
There are 3 owners on title to a property. For the past 12 yrs. one of the owner's have been living there. He rents rooms and receives revenues. On the other hand he does pay for the mortgage, insurance and taxes. Still he does receive good revenue that he does not dispurse to us willingly. We have never asked but heard there is a law regarding receiving consideration pymts. I want to know if we are eligible to any monies.
1 Answer from Attorneys
In most forms of ownership: Tenants in Common, Joint Tenants... you do have the right to any income on the property and the right to contribution for maintenance of the property. If you cannot get the money from one of the Tenants in Common willingly then you can file a partition action, quiet title action, ejectment action, etc. and calculate the monies owed to the other owners as set-off against the non-paying owners share of any equity in the property.
Aloha, Jon A. Zahaby