Real Estate - General

[mcshan]

A friend of mine has property from his grandmother. this property is a house that is a duplex with one side still belonging to his aunt. my friend claims ownership to the other side. because their was no will, all of his siblings claim joint ownership. however, he has paid the taxes on the property over the past five years, paid all bills associated and has actually, for a while, resided in the house. can he rent the portion of the house that belonged to his grandmother and that he now claims as his own without consulting or sharing any funds received with his siblings or the aunt who still resides in the other side of the duplex?

 

[HomeGuru]

You need to check the title to see if there were joint tenants. If there were, then the named joint tenants (posibly aunt and siblings) are now the owners.
If there were not any joint tenants, then the property is subject to probate. Probate would be applicable if grandmother held title in severalty (sole owner) or tenants in common.

There is no way an individual could own one side of a duplex unless:
1) the duplex is 2 separate condo units or
2) a master lease has been established or
3) the property lot is subdivided at the duplex common wall.


Your friend has a lot of investigation and research to do first, before arriving at a conclusion.

Lastly, even if friend was not on title, he/she could still claim an equity ownership position through negotiation, mediation, arbitration or litigation.
The rent collected legally belongs to the legal property owners, whomever they are.