Q: Hey question I my boyfriend and his mother all own a house split 3 ways. My boyfriend and I want to rent our rooms
This is legal even if she doesn’t want it correct cause we have the Majority 66% pull
A:
Co-tenancy isn’t majority rules unless the property is held by an entity like a corporation and the shareholders elect a board and president that orders sale. If the property is indivisible, like most homes, each owner has the right to occupy the whole, and each owner has the duty to contribute. That could become annoying when your mother-in-law decides to occupy the tenant’s premises.
If you can’t agree on the disposition of the property, the correct answer is to petition for sale in lieu of partition. In Virginia, there is a specific statute on this that allows for compensation of the lawyer seeking partition from the sale proceeds. There are very few defenses. That way, everyone goes their own way with their share of the proceeds.
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