Rights with duplex dual ownership

[dan.moriarty]

What is the name of your state (only U.S. law)? Massachusetts

HI,

My father-in-law owns a duplex house with his brother-in-law. They each own the whole house, but live in separate halves. It is not a situation where they each own half. His sister died years ago and ever since then his brother-in-law's half of the house is run down a filthy. He is a borderline hoarder. The smell is starting to take over my father-in-laws side. He has spoken to him about it many times and now is threatening to report him to the board of health. The only reason he doesn't is that he is afraid of being displaced if they deem the other side not livable. Does anyone know if that could happen or other precedents with owning a duplex with someone? Looking for any information on this kind of ownership of a duplex as there are other problems as well.

Thank You,

 

[justalayman]

if they are tenants in common or joint tenants for the entire property, then neither has greater rights than the other. Neither has a right to demand the other keep any given area clean or allow it to become disgustingly dirty.


whether the entire building would be condemned would be based on if the entire building is affected, if the affected area is divided such that it can be deemed uninhabitable while the other side habitable, and what the Health department says about it all.

the bad news: if the nasty side is condemned, the person living there can argue they have a right to live in the other side as they both own the entire building and as such, have a right of possession of any and all of the building.

 

[dan.moriarty]

if they are tenants in common or joint tenants for the entire property, then neither has greater rights than the other. Neither has a right to demand the other keep any given area clean or allow it to become disgustingly dirty.


whether the entire building would be condemned would be based on if the entire building is affected, if the affected area is divided such that it can be deemed uninhabitable while the other side habitable, and what the Health department says about it all.

the bad news: if the nasty side is condemned, the person living there can argue they have a right to live in the other side as they both own the entire building and as such, have a right of possession of any and all of the building.[/QUOT

Thanks, you basically said everything I thought and didn't want to be true. My poor father-in-law is in a nightmare situation. I'm not sure what rights he has in this situation and others that will come up as he takes care of his house and all the property and the other owner doesn't.

 

[justalayman]

Once this gets settled, if the ownership remains as is, they should enter into an agreement that each is entitled to the exclusive possession of their respective units. That would prevent the other from barging in claiming a right given them by ownership of the entire building.