ex owns 1/2 the house, is she entitled to rent?

[Trailoni]

What is the name of your state?California...

I have just moved into my fiance's house. He and his ex girlfriend bought property together. She walked out of the relationship approximately two years ago. She has continued to pay 1/2 the mortgage, however, she's resided elsewhere for those two years.

She is now demanding that I pay rent to her. Is she legally entitled to rent from me? She wants me to pay the amount of her 1/2 of the mortgage.

[BelizeBreeze]

She can make a case for rent or she can file partition and have the place sold out from under the two of you.

[Trailoni]

She would have to take it before a judge? She wants the property so she won't sell it out from under us. Both sides are looking to buy the other out.

[BelizeBreeze]

Originally Posted by Trailoni

She would have to take it before a judge? She wants the property so she won't sell it out from under us. Both sides are looking to buy the other out.

Then PARTITION is the only answer.

[Trailoni]

Thank you for the information, unfortunately, I don't really know what a partition is. Would she get the property with a partition or would it go up on the market?

You stated she can make a case for rent, which would require a judge, right? That makes me believe I am NOT legally obligated to pay her rent, nor is she automatically entitled to receive rent just because I've moved in. Since they both own the house and she left on her own, wouldn't there have to be some kind of agreement? Or does she have all the rights?

[BelizeBreeze]

Originally Posted by Trailoni

Thank you for the information, unfortunately, I don't really know what a partition is. Would she get the property with a partition or would it go up on the market?

It would either be spit (not feesible) or sold by the court.

You stated she can make a case for rent, which would require a judge, right?

Wrong. Remember, you are living in HER home. Unless you live in only 1/2 of the home then she can have you evicted.

That makes me believe I am NOT legally obligated to pay her rent, nor is she automatically entitled to receive rent just because I've moved in.

Correct. However, she can have you removed from the home.

Since they both own the house and she left on her own, wouldn't there have to be some kind of agreement? Or does she have all the rights?

They both own the home. But her leaving does not divest her of ownership rights. And your boyfriend can't take those rights away from her either.

At this point, you need to tell your boyfriend to either step up to the plate and take care of this or not move in until he does.

[Trailoni]

Thank you...

I don't understand how she can evict. She is not the only owner. I understand she has ownership rights, but so does he and I'm his guest. They both own the house, wouldn't they both have to both agree on the rental amount? Why does she get it and not him. Shouldn't it go to both of them or toward the house?

He owns 1/2 the house but it sounds like she has all the ownership rights.

[divgradcurl]

In California, as long as the ex is free to move back in whenever she wants, the owner living in the house is not obligated to pay rent. However, if she tries to move back in and is denied, or if you change the locks on her, then she has been "ousted" and she is entitled to rent from the occupants of the house. She can sue the other owner for rent once she can prove "ouster."

The rent will likely be set at some level that is a fair market level -- you don't get to choose it. She will get 1/2 of the rent, because she own's 1/2 of the house but does not have access to her 1/2 of the house.

BTW, it doesn't really matter if you live there or not -- if he lives their and "ousts" her, he owes her 1/2 of the fair rental value of the house each month -- it doesn't matter than he is an owner, it only matters that he is depriving her of her undivided 1/2 interest in the house.

[JETX]

partition
n. a lawsuit which one co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half. Partition cases are common when co-owners differ on whether to sell, keep or divide the property.

[seniorjudge]

Originally Posted by Trailoni

What is the name of your state?California...

I have just moved into my fiance's house. He and his ex girlfriend bought property together. She walked out of the relationship approximately two years ago. She has continued to pay 1/2 the mortgage, however, she's resided elsewhere for those two years.

She is now demanding that I pay rent to her. Is she legally entitled to rent from me? She wants me to pay the amount of her 1/2 of the mortgage.

The last partition suit I was familiar with was friendly, everyone agreed on everything, and friendships were not rent asunder.

The legal fees were $10K and it took a year.

Something to keep in mind when y'all are negotiating.

[Trailoni]

She has never been denied access to the house. The doors are never locked. She has personal belongs on the property. She comes just about every weekend to pick up the dog and things. I leave so she can have privacy while she's there. She and her boyfriend (+ 2 kids) stay for the weekend, on occassion, if we go out of town. She's even threatened to move back in and she was told she certainly could. Does this mean she can just show up anytime she wants?

So, I'm not obligated to pay her rent just because I'm there? If she's ousted she can sue the other owner for rent?

[Trailoni]

Originally Posted by divgradcurl

In California, as long as the ex is free to move back in whenever she wants, the owner living in the house is not obligated to pay rent. However, if she tries to move back in and is denied, or if you change the locks on her, then she has been "ousted" and she is entitled to rent from the occupants of the house. She can sue the other owner for rent once she can prove "ouster."

Is there anywhere I can find this documented in writing???

[divgradcurl]

Originally Posted by Trailoni

Is there anywhere I can find this documented in writing???

California Civil Code: [url]http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=81650620751+0+0+0&WAISaction=retrieve[/url]

843. (a) If real property is owned concurrently by two or more persons, a tenant out of possession may establish an ouster from possession by a tenant in possession in the manner provided in this section. This section does not apply to the extent the tenant out of possession is not entitled to possession or an alternative remedy is provided under the terms of an agreement between the cotenants or
the instrument creating the cotenancy or another written instrument that indicates the possessory rights or emedies of the cotenants. This section supplements and does not limit any other means by which an ouster may be established.
(b) A tenant out of possession may serve on a tenant in possession a written demand for concurrent possession of the property. The written demand shall make specific reference to this section and to the time within which concurrent possession must be offered under this section. Service of the written demand shall be made in the same manner as service of summons in a civil action. An ouster is established 60 days after service is complete if, within that time, the tenant in possession does not offer and provide unconditional concurrent possession of the property to the tenant out of possession.
(c) A claim for damages for an ouster established pursuant to this section may be asserted by an independent action or in an action for possession or partition of the property or another appropriate action or proceeding, subject to any applicable statute of limitation.
(d) Nothing in this section precludes the cotenants, at any time before or after a demand is served, from seeking partition of the property or from making an agreement as to the right of possession among the cotenants, the payment of reasonable rental value in lieu of possession, or any other terms that may be appropriate.

[JETX]

Originally Posted by divgradcurl

California Civil Code:

Good post!! On-point, accurate and concise.
An 'electronic bouquet of flowers' to you!!!