Rights of Co-owners (whether joint tenants or tenants in common)
- All concurrent owners have equal right to possess the property.
- Each owner has the right to sell his or her interest in the property to another person.
- Joint tenants or tenants in common may sever the tenancy and convey their interests without the consent of all tenants, if they choose to do so; see Wachter Development v. Gomke
- The right of a co-owner to sell or convey their interest (but only their interest) in the property to another person (and to do this without the permission of the other co-owners) reflects the idea that we want our property to be transferable. The assumption is that our overall economy and society will achieve the greatest benefit if our resources (our property) are put to their "highest and best" use (but without abusing the resource). We further assume that the persons who are willing and able to put the resource to its highest and best use are willing to pay the most, and an owner who is not willing or able to put the property to the same high level of use will sell it to the other persons so they can pursue their vision. Accordingly, we do not want laws to unnecessarily restrict the transfer of property rights.
- If a co-owner is not taking an active role in managing or using the co-owned property, the co-owner in possession has the right to retain the produce or profit from the property but must pay the property taxes, maintenance costs, and mortgage payments.
- A co-owner has the right to have the property partitioned (divided) by the court, or to have it sold by the court with the proceeds divided among the co-owners (N.D.C.C. Chapter 32-16).
所以理論上在你們離婚之前,他有權自行借款給他人而不需要爭取您的同意,如果你們離婚,這比借款必需由他所分得的部份中扣除,因此不會影響您的權益,所以除非你現在 file 離婚,法律上你沒有辦法行使否決權不讓他借款. (特別是如果您沒有收入),事實上他有權在不影響家計的情況下動支這筆錢...
