Legal Question in Real Estate Law in California

My former partner and I are tenants in common with an unpartioned loan with the property as our primary residence. I recently moved out to grant him occupancy in hopes of settling on a buy-out agreement. He is having difficulty refinancing, so it seems has rented the house out without my knowledge or consent. Is this legal?


Asked on 12/09/10, 12:10 pm

2 Answers from Attorneys

Yes, but you have rights to half the rental income.

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Answered on 12/14/10, 12:17 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, it is legal. The possessing cotenant must acount to the nonpossessing cotenant for a shar of rents received from third persons.

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Answered on 12/14/10, 12:50 pm


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