I am a one third owner of a property. One other owner will not allow me entrance. He has people stay there and says he lives with them when he is there but he is never there. Can I evict them? How can I sue him for rent?
2 Answers from Attorneys
Best best will be to sue for partition.When a parcel of real property is jointly owned by two or more parties and the request of one owner to divide the interests of the owners is denied, the party who wants to divide the interests may do so by bringing a partition lawsuit in court against the other owners. If you need an assist let me know.
I agree, and would add that the mere filing and service of a lawsuit for partition will often bring the troublesome co-owner to his senses and get you the cooperation you deserve without the need to carry the suit to conclusion. However, if the suit is carried forward after being filed and served, you will also be able to gather a lot more facts about the co-owner's actual use of the property, through the discovery process and otherwise.