Murphys, CA asked in Real Estate Law for California

Q: Can I sell or charge rent for properties I own 50% of?

In 2017 my mother passed away. She had a hastily hand-written will in which she stated her home, and two parcels of property would go to my sister and me with 50/50 ownership. My mother stated in the will that my sister could live in the home, which is located on one of the parcels, for free. My sister is under the impression that this means she can keep both parcels and the house for herself without having to pay me anything. I'd like to know what legal recourse I have in this situation as I'm in desperate need of income from my portion of the property due to current severe financial distress. Please help!

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You cannot sell without the express consent of the co-owner. If you rent without their consent you may be asking for trouble.

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