Tenancy in Common, Requirements

[madgegn]

With tenancy in common, can one tenant legally require the other tenant to buy his/her share?

I don't understand. Do you mean can you legally require the other person to contribute equally to the unit they reside in, can you force another tenant to buy his/her half of the unit, or if you can force a sale to buy out another partner? Please elaborate further.

[madgegn]

Originally Posted by Unregistered

I don't understand. Do you mean can you legally require the other person to contribute equally to the unit they reside in, can you force another tenant to buy his/her half of the unit, or if you can force a sale to buy out another partner? Please elaborate further.

1. Would a tenant in common with 50% of a property have a right to charge rent to the other tenant in common of the property, who also has 50%?

2. Can a tenant in common with 50% of a property force the other tenant in common, also with 50% of the property, to buy his share of the property?

I understand now. No, you cannot charge the other person rent if he owns 1/2 of the unit. You can charge the other person for shared utilities or other costs not covered by rent/mortgage. If the other person fails to pay for their share, you can sue the person in small claims court for money owed.

If 2 people are joint owners of a property, either can force the sale of the property. You cannot force the other person to buy your share, but you can force the proprty to be sold to another buyer with the proceeds split according to ownership. You have to petition the court to force this sale. (But usually the one who doesn't want to sale desires to buy out the other in order not to lose the property.)