Q: I am 50/50 owner of a house My brother lives in now am i able to move in at anytime since i am 50 owner to in California
just found out i was part owner, brother kept trust from me.
A: If you hold title to the property as tenants in common (both of your names are on the deed), then both of you have the equal right to the use and possession of the property absent an agreement between the two of you to the contrary. But if this is trust owned property and your brother is trustee and you and he are both beneficiaries of the trust, then no, you may not move into the property because your brother is the legal owner of the property as trustee and you and he are merely beneficial owners of the property. The legal owner can deny the beneficial owners access to the property. If in doubt, get a trust lawyer to advise and represent you as a beneficiary of the trust.
Jackie Marie Howard agrees with this answer
A: You are entitled to a copy of the trust agreement. If you do not already have a copy you should demand one from your brother. An attorney can help you draft a stern letter to your brother about this and about his fiduciary duties to you. Then read it and see what it says about what was to be done with the house.
Ellen S Deutsch Taylor agrees with this answer
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