If I am a joint owner, do I have to pay the other person rent?

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If I am a joint owner, do I have to pay the other person rent?

My deceased mother left her paid for property in a Trust for my sister and I, so we

are joint owners. Do I need my sisters permission to move in to the vacant house

and do I have to pay her rent? Also, the property is currently in probate.

Asked on October 8, 2018 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

Until the propety has been transferred into yours and your sister's names, the executor/trustee is in charge of estate assets. Accordingly, theycan require that any occupant of the hosue pay rent, move out, etc. Once, you are on title to the house, then as a co-owner the other co-owner cannot force you to pay rent. That having been said, if she does not want to keep the property, she can file for a "partition" to force a sale. At this point, you can consult directly with a probate/real estate attorney who can best advise you further.


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