Lexington, KY asked in Contracts, Estate Planning and Real Estate Law for Kentucky

Q: If 3 people own a property equally, can 2 override 1 in decision making?

I recently inherited a home, barn and 25 acres equally with my 2 cousins. My aunt and uncle have been staying there for over a year (since Sept 2018 remodeling their home in town). Frankly, I'd like to put them out, but I've been told by several people that majority rules. I don't believe that to be true. I feel I should have some entitlement to the property and not be out ruled by a majority. My aunt, uncle and both cousins feel that the female cousin deserves the house wholly and supposedly it had been said verbally years ago (hearsay). I'd like to know what my rights are. If my aunt and uncle refuse to leave, can I charge them rent, can I evict them? Could I reside there? Any information and/or references to my inquiries would be fantastic. Thank you and happy new year.

2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Estate Planning Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You have a one third undivided interest in the property. If the three of you cannot agree, you can file suit to either sell the property or buy the two cousins out.

Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Mr. Denison is correct. I would add an answer to one of your other questions: Yes, you can reside there. You have an equal right to reside there as do your cousins. You can eject your aunt and uncle if they do not have a lease, but you should hire an attorney to make sure that is done correctly.

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