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

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1. 

   Michael T MillarPro

   Toms River Real Estate Attorney

   Contributor Level 18

   

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   Answered January 27, 2013 18:45. 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.

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   Fred B. Amos II

   Raleigh Real Estate Attorney

   Contributor Level 11

   Answered January 22, 2013 05:01. 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... moreFred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208. less

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