if you co-own a home, can you be made to pay rent?

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if you co-own a home, can you be made to pay rent?

My father bought a house with his girlfriend that they both live in and they are both on the deed but only she is on the loan. She is dying and both her and her children from her former marriage are trying to push him out. He has made all the payments, including the remodel and work to it. How can he protect himself. He has agreed to give the children a share but they are greedy. Her son told him that he has to pay rent.

Asked on April 15, 2019 under Real Estate Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Absent a rental agreement, the co-owner of a property cannot be made to pay rent or any form of rent. They have the absolute right to occypy the premises and use it as they see fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, a co-owner has equal rights to use, occupy, live in, etc. the home and can NOT be made to pay rent: quite simply, owners don't pay rent for the homes they live in unless they had entered into a written agreement to do so. He can simply refuse to pay rent and ignore what the son says; there is no legal basis to force someone on the deed to pay rent.


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