Dispute over exclusive time at shared property in PA. Partition?

Asked over 2 years ago - San Fernando, CA

Two siblings have shared a cottage for over a decade and now one of the partners wants 50% of the time they have not previously been able to use due to impending retirement. The other partner has been staying for 5 of the available 6 months for most of this period and is unwilling to vacate for the retiring partner. What options are available to force the partner to vacate for 3 months? Both parties have been paying all required expenses 50-50 throughout their partnership.

Attorney answers (1)

  1. Hillary Johns

    Contributor Level 19

    1

    Lawyer agrees

    Answered . When you say PA do you mean Pennsylvania? If that's the case, you really ought to post this question for Avvo lawyers who are licensed in Pennsylvania. Am I understanding your question correctly?

    In California, it would depend on what the time share agreement is. Usually it doesn't differentiate between the owners of the actual time share who share ownership unless there is another agreement. You could ask for declaratory relief as to your actual rights and have a judge decide. You could ask for a partition, although what would you really gain from it? What you really want is the additional two months that the other partner has been using the property.

    Is there any agreement in writing? I couldn't give you a more comprehensive answer without reviewing your documents. I would suggest that you speak with a lawyer licensed in the state where the propery is located.

    Where was the agreement entered into?

    How did they acquire the property? Did they purchase it or inherit it? Or was it otherwise gifted to them?

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