Legal Question in Real Estate Law in Massachusetts

Joint Tenancy

My brother and I are joint tenants of a house that our mother left us. I live there with my wife. He lives in another county. He wants to charge me rent for his half share or rent out one of the rooms he says is his. Is this legal?


Asked on 12/30/06, 5:24 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Joint Tenancy & rent?

I am not sure how he is going to enforce it. Is he going to pay you for the management fees for his share. What about the other costs, including utilities. And how is going to evict you if you do not pay.

There may be something else going on.

If you want to contact me, I will discuss this with you.

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Answered on 12/30/06, 5:36 pm

Re: Joint Tenancy

Technically, he is entitled to some compensation for his interest in the home. He can't rent the home out without your consent. The issue is how much? He needs to subtract from the rental value not only his half interest, but his half of expenses and something for your caretaker and management services.

If you could afford it, I would suggest you buy his half of the home.

Please feel free to contact me without obligation.

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Answered on 12/30/06, 6:41 pm


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