If the deed to a home is in both mine and my sister’s names and I want to rent the home but she does not, can I rent without her consent?

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If the deed to a home is in both mine and my sister’s names and I want to rent the home but she does not, can I rent without her consent?

My father lives with me. He would like to see the house that he used to own rented to my cousin and his wife. My sister does not want to rent it even though there is no one living in the home. I just want to know if I can rent it without her consent. My father is not listed on the deed. It was the home that we were raised in.

Asked on September 20, 2019 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

She can block your renting it out if she chooses by going to court and getting an order barring that: you cannot take her rights to use and possess the home (if she chose) by renting it to another who will occupy it. Or she could go to court and seek an order forcing the sale of the house, since a forced sale and distribution of the proceeds (equity) is the law's remedy when the owners of real estate cannot decide what to do with it. You wish to consider seeing if you can buy your sister out; then you could rent it and keep all the rental proceeds. (If you did rent it out while she is an owner, he'd get half the proceeds.) 


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