How to Take Action Against the Co‐Tenant of Your Property
Consult an attorney., Send a demand letter., Pay property taxes., Disrupt the co-tenant's exclusive possession., File a lawsuit.
Step-by-Step Guide
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Step 1: Consult an attorney.
Situations involving property rights and ownership can be incredibly complex, and an attorney will be able to advise you of all the options you have and help you protect your rights to the property.If the co-tenant is attempting to oust you, it's important that you complete the correct actions quickly if you want to preserve your rights, and an experienced attorney will understand the conditions that must be met for the co-tenant to successfully oust you.
If you don't know anyone who could recommend a good real estate attorney, start on your state or local bar association's website.
Typically there will be a searchable directory you can use.
Searching this directory can help you quickly find real estate attorneys who are licensed to practice in your area.
Try to interview at least three attorneys so you have some options and can choose the one who is the best fit for you, taking experience, expertise, and cost into account.
When you're evaluating attorney's fees, keep in mind what you stand to lose if the co-tenant manages to oust you from the property. -
Step 2: Send a demand letter.
If the co-tenant is attempting to exclude you from the property, sending a carefully worded demand letter can put them on notice that you intend to assert your property rights and do not assent to their tactics.Keep in mind that a demand letter won't necessarily restart the statute of limitations, since it does nothing to break the exclusive control the co-tenant has over the property.
However, it is possible that the co-tenant assumed you had no interest in the property.
Sending a letter least lets them know that you're aware of your ownership rights and intend to preserve them.
Spend one paragraph of your letter outlining or summarizing the dispute you have with the co-tenant, or your position regarding any decisions they've made or actions they've taken.
For example, if the co-tenant is renting out part of the property against your wishes, which prevents you from using that portion of the property, describe that situation.
Then let the co-tenant know what you want to be done to resolve the dispute.
In the previous example, maybe you want to be given a portion of the rent proceeds, or you may want assurance that when that person's lease expires it won't be renewed and the property won't be rented out again.
Give the co-tenant a fixed deadline to respond to your letter.
Particularly if it's someone you don't know very well, the situation may be a misunderstanding that the two of you can resolve before it escalates into something far more expensive and time-consuming.
Sign your letter and make a copy for your records, then send it using certified mail with returned receipt requested so you'll know when the co-tenant has received it. , In some states, a co-tenant must pay all the property taxes if they intend to oust the other co-tenant.
You can defeat an attempt at adverse possession by beating them to the punch and paying the property taxes yourself.Property taxes are a matter of public record.
You can call the county clerk or tax assessor for the county where the property is located to find out what property taxes are owed.
Generally, a co-tenant will be unable to assert a claim of adverse possession if you can prove that you are paying property taxes or making any other improvements to the property pursuant to your ownership interests.
Even in states that don't specifically require a co-tenant to pay all property taxes if they intend to oust you, paying property taxes means the co-tenant does not have the exclusive possession and control of the property necessary to claim complete ownership through adverse possession. , Making a claim of adverse possession requires uninterrupted exclusive possession of the property for a number of years.
The co-tenant may change the locks or put up barriers to keep you out, but if you reclaim possession of the property you can reset the clock in terms of the length of time the co-tenant has enjoyed exclusive possession of the property.For example, if the co-tenant has put up a gate with a lock to keep you off the property, you may be able to call the police and have the lock broken so you can enter.
Keep in mind that if you call the police, you typically will have to prove that you have an ownership stake in the property before they will do anything for you.
Generally, the only way you can fight the co-tenant's adverse possession of your property is to do something that breaks the chain of exclusivity.
While such actions won't necessarily resolve all your problems with the co-tenant, they do allow you to preserve your ownership rights before moving on to the next stage. , If the co-tenant continues to refuse to allow you to possess the property, or is continuing with efforts to oust you, speak with your attorney about the possibility of filing a lawsuit to assert your rights to the property.These lawsuits typically take the form of an action to quiet title, in which a judge confirms the ownership rights of you and the co-tenant, and orders the co-tenant to stop excluding you from the property.
Since the co-tenant also has ownership rights in the property, you can't file a lawsuit to have them ejected or removed from the property.
However, if their behavior continues in violation of a court order, you can take further action to force the sale of the property. -
Step 3: Pay property taxes.
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Step 4: Disrupt the co-tenant's exclusive possession.
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Step 5: File a lawsuit.
Detailed Guide
Situations involving property rights and ownership can be incredibly complex, and an attorney will be able to advise you of all the options you have and help you protect your rights to the property.If the co-tenant is attempting to oust you, it's important that you complete the correct actions quickly if you want to preserve your rights, and an experienced attorney will understand the conditions that must be met for the co-tenant to successfully oust you.
If you don't know anyone who could recommend a good real estate attorney, start on your state or local bar association's website.
Typically there will be a searchable directory you can use.
Searching this directory can help you quickly find real estate attorneys who are licensed to practice in your area.
Try to interview at least three attorneys so you have some options and can choose the one who is the best fit for you, taking experience, expertise, and cost into account.
When you're evaluating attorney's fees, keep in mind what you stand to lose if the co-tenant manages to oust you from the property.
If the co-tenant is attempting to exclude you from the property, sending a carefully worded demand letter can put them on notice that you intend to assert your property rights and do not assent to their tactics.Keep in mind that a demand letter won't necessarily restart the statute of limitations, since it does nothing to break the exclusive control the co-tenant has over the property.
However, it is possible that the co-tenant assumed you had no interest in the property.
Sending a letter least lets them know that you're aware of your ownership rights and intend to preserve them.
Spend one paragraph of your letter outlining or summarizing the dispute you have with the co-tenant, or your position regarding any decisions they've made or actions they've taken.
For example, if the co-tenant is renting out part of the property against your wishes, which prevents you from using that portion of the property, describe that situation.
Then let the co-tenant know what you want to be done to resolve the dispute.
In the previous example, maybe you want to be given a portion of the rent proceeds, or you may want assurance that when that person's lease expires it won't be renewed and the property won't be rented out again.
Give the co-tenant a fixed deadline to respond to your letter.
Particularly if it's someone you don't know very well, the situation may be a misunderstanding that the two of you can resolve before it escalates into something far more expensive and time-consuming.
Sign your letter and make a copy for your records, then send it using certified mail with returned receipt requested so you'll know when the co-tenant has received it. , In some states, a co-tenant must pay all the property taxes if they intend to oust the other co-tenant.
You can defeat an attempt at adverse possession by beating them to the punch and paying the property taxes yourself.Property taxes are a matter of public record.
You can call the county clerk or tax assessor for the county where the property is located to find out what property taxes are owed.
Generally, a co-tenant will be unable to assert a claim of adverse possession if you can prove that you are paying property taxes or making any other improvements to the property pursuant to your ownership interests.
Even in states that don't specifically require a co-tenant to pay all property taxes if they intend to oust you, paying property taxes means the co-tenant does not have the exclusive possession and control of the property necessary to claim complete ownership through adverse possession. , Making a claim of adverse possession requires uninterrupted exclusive possession of the property for a number of years.
The co-tenant may change the locks or put up barriers to keep you out, but if you reclaim possession of the property you can reset the clock in terms of the length of time the co-tenant has enjoyed exclusive possession of the property.For example, if the co-tenant has put up a gate with a lock to keep you off the property, you may be able to call the police and have the lock broken so you can enter.
Keep in mind that if you call the police, you typically will have to prove that you have an ownership stake in the property before they will do anything for you.
Generally, the only way you can fight the co-tenant's adverse possession of your property is to do something that breaks the chain of exclusivity.
While such actions won't necessarily resolve all your problems with the co-tenant, they do allow you to preserve your ownership rights before moving on to the next stage. , If the co-tenant continues to refuse to allow you to possess the property, or is continuing with efforts to oust you, speak with your attorney about the possibility of filing a lawsuit to assert your rights to the property.These lawsuits typically take the form of an action to quiet title, in which a judge confirms the ownership rights of you and the co-tenant, and orders the co-tenant to stop excluding you from the property.
Since the co-tenant also has ownership rights in the property, you can't file a lawsuit to have them ejected or removed from the property.
However, if their behavior continues in violation of a court order, you can take further action to force the sale of the property.
About the Author
Doris Patel
Brings years of experience writing about cooking and related subjects.
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