Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-11-2008, 12:14 AM
Junior Member
 
Join Date: Jan 2008
Posts: 1
Question

Tenants in Common and rights to allow child to stay in home


What is the name of your state? Virginia

I am still listed as a tenant in common on the deed for a townhouse in Virginia. My ex and his young adult daughter (aged 20) still live there. I couldn't take the emotional abuse from him any longer, so I gave up and moved. I am still close to his daughter, who is now his only whipping post. She finally decided to stand up to him but he pushed back with telling her she has to get out. She has no where to go live and unfortunately I don't have the funds to help her move and I have moved out of state. She asked me if I am allowed to give her the rights to stay there if I am still half owner of the property. And I said that I would find out.....Anyone know the answer??
  #2  
Old 01-14-2008, 09:09 PM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,515
You should research the landlord-tenant laws with respect to tenants in common in your state. You can "rent" your half of the property to her (effectively giving her your right to enter the property), but how this would work with a common owner who was adverse to this would depend on your state's laws. Typically, when a property is owned as tenants in common, each common owner has the right to enter and use the whole property. If one of the common owners excludes one or more of the other common owners, then the common owner who is occupying the whole property generally is liable to the other owners for a reasonable rent. In other words, if one owner is using the whole property for themselves, and there is no agreement to the contrary, the owner occupying the property would have to pay rent to the other owner(s). Usually these rules apply to tenants as well -- if one owner rented the whole property to a tenant, the owner would have to share the rental fees with the other owners.

That said, you need to look into the laws in your jurisdiction, as they may vary, and may provide more or less protection to a tenant in this type of situation.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:07 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.