Legal Question in Real Estate Law in California
Property deeded 60/40
If my mother-in-law and I bought property together 30 years ago (she owns 60% and I own 40%), and she moved into the house and had it remodeled and lived there all these years; me not making any payments and her not paying me any rent -- am I still 40% owner of the property?
1 Answer from Attorneys
Re: Property deeded 60/40
Yes.
None of the factors you mention affect ownership.
You are not entitled to "rent" for her using your 40%. Each co-owner is entitle to occupy and use the entire property. Co-ownership makes the co-owners de jure involuntary roommates of sorts, whether or not they choose to exercise those rights.
In a hostile division of the property such as a partition lawsuit, a party who has made improvements at her some expense may be entitled to reimbursement of her outlays; this obligation is imposed to prevent an unjust enrichment of one owner by the other's outlay, but the principle doesn't affect ownership percentages nor is it likely to be applied where the owner in possession has reaped most of the benefits.
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