Legal Question in Real Estate Law in New York
Divided MultiFamily
A few years ago, my sister and I purchased a multi-family house. In hindsight, this was a bad idea, but now I am in a situation and need advice. She is on the 1st floor, I am on the 2nd. We share the garage & shed. Since she is on the 1st floor, she has 3 entrances to the house, control of the thermostat and indoor access to the garage. This was all okay until about 6 months ago when we fought and have now stopped talking. She has gone back the agreement for access and now locks her door, denying access to the garage and indoors from the backyard and the thermostat. She has placed me in the position of ''tenant'', even though we both own everything equally. Before things get even uglier, I want to know what I can legally expect from a situation such as this. The reality is, I let her have the 1st floor because she needed the convenience because she has children, but that was under the agreement I had access to all areas of the house...so what are my legal right so I can stop being a tenant in my own home?
1 Answer from Attorneys
Re: Divided MultiFamily
I had a case where the brother and brother-in-law were fighting so much that when there was a leak in the roof, the brother-in-law on the second floor drilled a hole in the floor so the water would drop to the first floor.
If you cannot live with your sister in the house, you would need to commence an action to partition the property. In other words, the property will be sold and the proceeds are divided pursuant to percentage of ownership of the house.
Mike.
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