Legal Question in Real Estate Law in New Jersey

Can one owner of a joint ownership property lease or rent part of the property without the other joint owner's consent?


Asked on 11/14/10, 2:30 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

It depends on a couple of things, including exactly what that joint ownership is. I would need to know what the Deed says, and any written agreement between the joint owners, and I would need to talk to you and get more information to give you a definite answer. It sounds like there is some kind of a dispute going on. Why don't you give me a call, and I can give you some guidance?

Robert Davies, Esq. 201-820-3460

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Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 11/19/10, 2:38 pm
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question.

There are are variety of forms of "joint ownership." In some cases, I joint owner can use and profit from property without the consent of the other joint owners. However, that is not always the case depending upon what state's law appplies, whether or not there was any agreement among the joint tenants, conditions that made have been part of the transfer of property to the joint tenants, and other things.

Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website!

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Answered on 11/20/10, 8:32 am


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