Legal Question in Real Estate Law in Maryland
Rent Issue re Real Property Joint Tenancy between unmarried Domestic Partner
In 1993 I bought a personal residence in Maryland with my then domestic partner. We worked overseas. We entered into a private contract, not filed anywhere, that stated we were purchasing it as our personal residence but there was a clause we could agree to rent it. I put down 60% of the down payment & my partner paid in 40%. The deed is issued to us in ''joint tenancy with the right of survivorship.''
We rented the house for two years, then we moved into the house. We lived in the house together for 4.5 months and then I moved overseas for an initial 12-month period. I spoke to my partner before I left and told him we needed to enter into a rental agreement, i.e., that he could continue to live in the house but he should pay rent to ''the community'' similar to the prior rental situation. I suggested he take in a roomer to defray his costs. My partner he didn't like the idea. I left soon after without a resolve. I brought up the subject periodically but to no satisfaction on my part.
Our personal relationship deteriorated and I ended it. I contend that he owes ''rent'' to the ''community'' for 44 months. Is there case law that might help me? Or, deter my argument? (I am female, he is male-I was 40 years & he 52.)
2 Answers from Attorneys
Re: Rent Issue re Real Property Joint Tenancy between unmarried Domestic Partner
A joint tenancy means that each owner owns an undivided interest in the whole, and each has full rights to use and enjoy the property. Only if there is an ouster - one joint tenant bars the other from access - is there a right to an accounting and imputed rent. Here, you left, so there is no right to rent.
Re: Rent Issue re Real Property Joint Tenancy between unmarried Domestic Partner
No one can deny the fact that under the law, you own an undivided 60% interest in the residence and he owes proportionate rent. He has been living there rent free. You have an "equitable" remedy, that of demanding fair rental return on your portion of the property. I don't know if the 60-40 ownership interest in reflected on the actual deed or does it just show equal ownership even though you put down 60%. You can also move to liquidate (sell) the house and force a distribution. Is there a mortgage? Who is paying it? Best of luck. Joe Trevino, 1800-924-6217
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