My parents deeded there home to all three children some 15 years ago,

Asked almost 2 years ago - Canton, NC

My father passed away 7 years ago and mom has been living with me at the said home. When she passes away what rights do I have living there. if one sibling wants me to stay and the other wants me to pay rent even though my name is on the deed. Please advise.

Attorney answers (2)

  1. Michael T Millar

    Pro

    Contributor Level 19
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    chosen by asker

    Answered . I have to respectfully disagree with my colleague. As a general rule, a co-tenant has the right to live at the property without paying rent to the other co-tenants. Again, as a general rule, you would only owe rent to a co-tenant if you prevented the co-tenant from also occupying the property - that is called an "ouster".

    However, all co-tenants have the right to file an action for "partition" in which they ask a court to order the sale of the property.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  2. Fred B. Amos II

    Pro

    Contributor Level 15

    Answered . You have the right to live in the home. However, you siblings have rights as well as each of you are 1/3 owners. If one sibling is willing to let you live in the home rent free, good for you. Your other sibling has every right to charge you rent. Calculate the fair market rental value of the home and pay your sibling 1/3 of that dollar amount.

    If paying rent is not satisfactory to you, you have the right to move out, but it sounds like you really want to stay in the home. Have you considered buying out your siblings. If there is no debt on the home it is a good situation for owner financing. In any event, I would get an agreement in place before your mother passes.

    It would be worth the consultation fee for you to sit down with a real estate attorney and go over all of your options, which are too numerous to lay out here. Good luck to you.

    Fred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this... more

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