Are joint tenants entitled to income generated from a property business?
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Are joint tenants entitled to income generated from a property business?
I inherited a cattle ranch/organic farm with my brother as joint tenants. He makes considerable profits leasing the land to farmers, renting, auctioning cattle and other considerable farm income. He has been living there rent-free and benefiting from sole use of the property. I am not welcome there because he prefers to have it to himself, and he refuses to pay rent or buy me out because it’s in advantage that I pay equal share of the property expenses. It is a financial drain for me and I want to sell, but can I recuperate any income from the farm business?
Asked on January 12, 2012 under Real Estate Law, California
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
Many state laws are similar to this point that joint tenants are equally entitled to the rents and profits from the property. He can do whatever he wants on the land but he cannot block your access to the land. You can file a motion to partition the land and request an order for accounting of the profits.
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