Legal Question in Real Estate Law in New York

Inherited and now co own tenancy in common a mother daughter NY home 50/50 with sibling. Sibling was renting upstairs before parent passed away with 40 year old son. Now sibling and wife moved downstairs and son still living upstairs. I want to live in the upstairs which is separate. How do I handle this situation? Son won’t move.

It’s been two months now and I have not paid anything to mortgage. Do I still need to pay towards mortgage if not able to live there? Sibling wants to Buy me out but I want to use home as well at times. Unsure what’s my rights.

Asked on 5/28/22, 3:18 am

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

Unfortunately although you are 1/2 owner of the house, it seems like your sibling does not respect you and the fact that you own 1/2 the house. If you cannot stand up for yourself, you will have to hire a lawyer to stand up for you.

Good luck.

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Answered on 5/28/22, 8:43 am
David Slater David P. Slater, Esq.

An action in Partition to compel a sale is a remedy.

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Answered on 5/29/22, 3:03 am

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