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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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.

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