If B chooses not to live in a property left to A and B as tenants in common, can he demand an accounting?

Prepare for the Multistate Bar Examination (MBE) with our engaging quiz. Featuring flashcards and multiple choice questions, each with hints and explanations. Get ready to excel!

In a tenancy in common, each co-tenant has an ownership interest in the property, which allows them to occupy and use the property. However, just because one co-tenant, in this case B, chooses not to live in the property does not necessarily entitle him to demand an accounting from the other co-tenant, A.

An accounting is typically sought when one co-tenant alleges that the other is wrongfully benefiting from the property to the detriment of the other co-tenant. In situations where there is no allegation of wrongdoing—such as mismanagement of the property, failure to share costs, or expenditures made by one party that were not shared—there isn't a sufficient basis for B to claim an accounting merely because he is not living there.

Additionally, if A is managing the property appropriately and there are no profits being withheld, B's choice to live elsewhere does not in itself suggest that A is unjustly enriched or improperly handling the property. Thus, the correct understanding is that B generally cannot demand an accounting solely based on his decision to not occupy the property.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy