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Tenants In Common - Roomates and Dogs

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Old 09-07-2008, 09:27 PM     #1
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Lightbulb Tenants In Common - Roomates and Dogs

I am a co-owner of a single family home in MA. I am one of five males who own the home, with all five of us on the loan under Tenants In Common. We purchased this property in lieu of renting and have owned it since Jan. 22, 2008. Every house expense is split five ways and we all own an equal share, and thus far everything has gone smoothly. House chores are also split five ways. Everyone has their own bedroom with a lock.

Prior to purchasing the home, all five of us signed a contract that we had drawn up by a local reputable lawyer that will be used as a backup plan when it comes time to sell, someone wants out, etc. The contract was strictly drawn up for that purpose and NOTHING else. It does not note how all other decisions will be made, as we as 23/24 yr old adults assumed we could come to a fair decision amongst ourselves in a civilized manner, and thus far it has worked perfectly. Any decision that is not clearly unanimous is voted on in an open ballot, with majority ruling, end of story.

Now that the details are explained, here is the issue in question. The subject of me getting a dog, a Boxer breed, has been raised and is now the subject of much debate. As with all other things involving everyone in the house, this was a matter that had to be talked about beforehand, which we did, and later voted on, which we also did. The vote outcome was 3-2, with one of the two on the losing end very against allowing a dog in the house. However, he has no allergies, physical, emotional or psychological problems with dogs; he simply just does not like them.

So assuming that the issue was resolved in my favor, I have put down a non-refundable deposit on a puppy. Well my roommate recently approached me and despite the voting process that had been used to resolve this issue, along with every other issue thus far, he simply still does not want a dog in the house and has threatened legal action if I bring a dog in the house.

Now he will not be responsible for any monetary responsibilities whatsoever, nor do I expect him to contribute to an increased homeowner's insurance policy if it did indeed go up (I will assume that). Let alone the ramifications on our friendship that he has just set in motion, IS THERE ANY LEGIT LEGAL WAY THAT HE CAN PREVENT ME FROM BRINGING A DOG INTO MY OWN HOME?
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Old 09-08-2008, 04:13 PM     #2
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Default Re: Tenants In Common - Roomates and Dogs

If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more use or get out of the property obligation and/or the other(s) may keep it etc.--it is often done--

You could threaten to take this action if need be. It may cause compromise which is of course what you need here now.
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