Legal Question in Real Estate Law in Indiana

Sharing joint-ownership property between family members

When my mother died a few years ago, my sister and I were fortunate to be left her lake house in Indiana. In the past couple of years, no problems have arisen until this year when my sister and her husband began insisting that we divide the time at the lake house into 2-week blocks and trade off with regards of who gets to use it. My wife and I love spending as much time at the lake as possible and would much prefer to maintain status quo and share the cottage. For the past 30+ years our families have spent time at the house together and enjoyed sharing with our relatives. There are 4 bedrooms and space has never been an issue. Also, my sister and I have joint ownership. Am I obligated to accept her plan to divide use of the cottage? Can I refuse her demands and insist that the situation remains how it is - with my sister and I and our families coexisting and enjoying th house together? What other alternatives do I have? I really do not want to have to pack up and 'move' into and out of the house every two weeks and do not want to be required to limit our summer so severely. What are my rights? Thanks.


Asked on 8/16/05, 4:09 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Sharing joint-ownership property between family members

Your sister has as much right to control and use the property as you do. If you cannot agree with her, then the property will have to be sold, with the proceeds divided equally between you. Either one of you can force this. From your letter it sounds like you use the property a lot more than she does. Maybe what she wants is a chance to enjoy the property from time to time in privacy. I suggest you try to accommodate her. I can see that alternate two-week "visitation" would be awkward. But she sounds reasonable to me, and I bet you can work something out that makes you both happy. If not, you can sell, and use your half of the proceeds to buy your own lake cottage. Good luck.

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Answered on 8/16/05, 5:38 pm


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