What are my rights if my 2 brothers and I have inherited my mother’s home in equal 1/3 interests?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my 2 brothers and I have inherited my mother’s home in equal 1/3 interests?
We lived with her so we could take care of her until her death; she had Alzheimers. I had no rental agreement and I paid no rent. One of my brothers is the executor of the estate and is demanding that I pay rent and that I owe him for a years rent per a verbal agreement that was never made. Is he my landlord and can he evict me?
Asked on May 26, 2013 under Estate Planning, California
Answers:
Janet Brewer / Law Office of Janet L Brewer
Answered 11 years ago | Contributor
If this house is in California, then you are now a co-owner, and co-owners cannot be forced to pay rent unless they sign a written agreement to do so. Your brother also cannot have you evicted (you are not a renter). But he can file a "partition" lawsuit to have the house sold and the proceeds divided among the 3 of you.
(note that you are a "tenant-in-common" with your siblings; the meaning of "tenant" in a tenancy in common is not the same as the meaning of "tenant" in a lease).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.