Q: Ohio - 3 siblings own 30 acres in common. Do we all three own the house on it also or just the 1 living in it?
A: If the house is on the 30 acres which is owned in common, then everyone also owns the house. Unless there has been a partition action, the entirety of the property is owned in common. The tenant may have typical tenant/resident rights to the house.
Bruce Martin Broyles agrees with this answer
A:
In the absence of any special circumstances all three own the property in its entirety, and all three are responsible for repairs, maintenance and taxes. In addition all three are entitled to all the benefits of the entirety.
You should find out what the individual residing at the property has done in terms of maintenance and repairs, as well as, the status of the real estate taxes and insurance. Those items provided by the one living in the property may likely equal the fair market rental value of the house.
You should discuss how the three of you are going to share equally both the benefits and the burdens to avoid any misunderstandings. If you cannot reach an agreement as to how to share, you may want to consider one of the three buying the other two individual's rights.
If you cannot reach an agreement you can petition the Court to partition the property which will likely result in a forced sale. A partition action will result in a stranger selling the real property and everyone getting less than what they want.
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