I purchased a 3 family house with my brother in law in 2008. He has been residing in the property occupying the first floor, basement and 2 garages. Over the summer I faced serious financial issues and asked my brother in law for help. I asked for the money I let him hold from the profits for the last 6 years. The deed is currently under both of our names. As a co-owner of the property, can I charge him to live in the property additional to the rent collected from the other 2 apartments?
You can ask him to pay rent and file a partition action in court to force a sale of the property if he refuses.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
You're entitled to whatever you agreed to. If you did not agree to anything and he's not willing to help you in your time of need, then you may need to bring a partition action in which you essentially ask the court to order the house sold and the proceeds distributed accordingly. If you've been unfairly treated, you may be able to persuade the court to allow you appropriate credits at the time of distribution. You'll most certainly need an attorney to help you along the way. Good luck!
I'm 3 "most helpful" answers away from a free blender! I may be guessing or not licensed in your state. No atty/client relationship exists. Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
You cannot force him to pay rent for living on the property because as a co-owner he has the right to use the property. You would need to have a separate agreement with him under which he agreed to pay rent for using the property before you could force him to pay rent. You can force him to share the earnings from (I assume) renting the property out and can also force him to pay his share of expenses for the property, such as real property taxes.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
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