Legal Question in Real Estate Law in New Jersey

Shared Vacation house is being taken advantage by 1 owner out of three. The 1/3 owner has basically made it his primary residence. How can we stop this?

A NJ vacation summer home is a shared ownership originally by three siblings (1/3 each)

The house was originally shared without any time share agreement.

However, approximately 12 years ago one sibling owner asked the other owners to let their sons stay all year round for a period of time during college. Everyone agreed.

However, one son never left and is using the vacation home as his primary residence. In the past 5 years, house usage has not been balanced and has intensely shifted to the sibling's son living full time in the house.

We have repeatedly asked to agree to a tenants agreement for equal/separate time in the house but have been refused by both the son of the 1/3 owner who has been living full time in the house.

Recently, the 1/3 owner has transferred ownership to the son.

What is the legal recourse to enforce equal time of the shared home?

Is it legal for the 1/3 owner to live in the "shared" home full time as his primary residence when the other owners do not agree?

Thank you for your assistance.


Asked on 5/01/16, 5:17 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It is legal for one of 3 owners to live in a home full time, but that person should carry all of the costs. It would be useful for all of the owners to enter into a co-owners' agreement that spells out everyone's rights and responsibilities. If the owners cannot reach agreement, anyone of the owners may go to court in what is called a "partition" action, which basically asks the court to order a sale of the house with net proceeds, after costs of the law suit and the sale to be divided among the owners. The trouble with partition is that usually the costs exceed the proceeds. It would be better to negotiate a resolution, whether it's an agreement, or a buyout by the person who is living there of the interests of the other owners' interests. Fair value can be established by appraisals. The parties should each have separate counsel to make sure that each person's rights are being adequately represented and protected.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 5/11/16, 7:40 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey