Legal Question in Real Estate Law in New Mexico

we went to a lawyer to see if we could get my sister off the property they said with my parents being joint tenants there is nothing we can do to get her off the property is this true does my parents not need his agreement to have her on this property


Asked on 5/25/10, 4:03 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Owners of real estate have the right to control that real estate, within the law, which includes granting permission to others to reside on or in it. NM is a community property state, and with certain exceptions husband and wife own all real estate equally, 50-50. The same is true of those who own real estate as joint tenants, even though they may be husband and wife. So, if the owners, or one of them, grants permission for someone to occupy the property, that is perfectly legal. Someone who does not own an interest in the property has no legal say in who occupies it. So, the answer based upon the facts you present is that your parents or one of them are the only ones who can legally determine who will occupy the property and who will not. No one else can do that.

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Answered on 5/26/10, 7:20 am


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