If my brother and I inherited our parents’ house and he lives there, can he force me to sell my half of the property to him?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my brother and I inherited our parents’ house and he lives there, can he force me to sell my half of the property to him?
My real estate agent said the mortgage payments he’s making could be considered rent. Is this accurate? Is there a way to formalize this so he can’t take advantage of the situation?
Asked on March 12, 2012 under Real Estate Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Please speak with an attorney on the matter and not a real estate agent. You own the house with your brother, correct? You and he are jointly responsible for the debts and liabilities. Now, you could indeed enter in to an agreement that in exchange for his exclusive occupancy he pay the entire mortgage, taxes - what ever - in lieu of rent. And you should do something like that so that there are no misunderstandings. If there are major repairs - like a roof - then you should share equally as tenants never fix those sort of things. Good luck.
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.