Legal Question in Real Estate Law in Pennsylvania
Shared Interest
Share 1/3 interest in property with 2 family members. Have retained residence in said property for 7 years. One of the other property owners has recently decided I have lived here long enough, and he wants a turn. I have paid off the mortgage, paid al property taxes, and made improvments to property. Is there any way he can legally make me move?
1 Answer from Attorneys
Re: Shared Interest
You asked about taking turns in living in a commonly owned property.
You are all stuck with each other unless one or all sells out.
Unless otherwise specified by contract each party has as much right as the other to occupy the commonly shared premises. In toto. This means the other owners could move beds into your bedroom and keep you up with their snoring, but they can't make you move out.
What usually happens in these situations is one of two things. 1) The occupant pays market rate rent less his proportional share to the other owners, or 2) one party sues for partition and the court sells the property and distributes the proceeds.
Under a partition sale the sellers almost always get a worse deal than if they just found a way to work things out amicably.
So, you can either pony up the rent, let the other move in, or sell the property at which time you may be able to recoup _some_ of your expenditures.
Regards,
Roger