My brother, sister and I were left a house in a will, My brother and I live in the property for 18 years, paying all the bills and maintaining the property. My sister, after 18 years, is asking for my brother and me to start paying her rent. Can she do this?
1 Answers
The co-tenants in any real property are entitled to possess and enjoy the entire property, "unless otherwise". The conveyance might say otherwise (it's on the deed), and it is most likely that you are equal co-owners.
You and your brother could take exclusive possession of the property for some period of time, meaning that you can legally exclude your sister from the property during that time – if you all agree to that (I assume you didn't, maybe you did). In that case, your right to possess the property could be contingent on the prior agreement to pay rent (again, I assume there is no such agreement). Your sister also has the same right live in the house without paying rent. She cannot throw you out of your own house if you don't pay rent.
The primary question is whether from a legal perspective, you and your brother have exclusive possession of the property, under the laws of your jurisdiction, so in a few jurisdictions you might have to pay rent. That's not the same as "living there".
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