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My parents deeded there home to all three children some 15 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.

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Attorney answers 2

Best Answer
Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Fred B. Amos II

Fred B. Amos II

Posted

No disrespect to you either Mr. Millar, but the issue concerns co-owners, not co-tenants.

Michael T Millar

Michael T Millar

Posted

None taken. The issue is how the co-owners hold title - e.g., are they joint tenants or tenants in common (co-tenants). Either way, one owner is allowed to occupy the property without a claim of rent from the other owners unless the one in possession prevents the other owners from also occupying the property.

Posted

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 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.

Asker

Posted

I agree. What If i put a new roof on the house and bought a new heat pump last year for the home. Mom is disabled and someone has to stay with her 24/7

Fred B. Amos II

Fred B. Amos II

Posted

These issues arise when one sibling is caring for a parent. If you expect to be compensated, you need to work it out with your siblings up front. Your siblings owe you for their share of any repairs you make to the home. Never, and I mean never, just make a large repair such as replacing an HVAC, before making an agreement with the other owners. Having said that, you do live in the home (apparently) rent free. Your siblings may feel that you making repairs to the home and caring for mom is proper compensation for living in the home, I don't know. In any event, you all need to work out the details now. It's not worth straining family relationships over property or money. That's just my opinion.

Asker

Posted

I agree. I went to both of them when when the HVAC went out and none of them would help me to replace it. I couldnt leave mom in the house with no heat or a/c. That was a have to situation. Thanks for your suggestions.

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