If I own half a house, is the other owner entitled to rent on my behalf?

UPDATED: Oct 1, 2022

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If I own half a house, is the other owner entitled to rent on my behalf?

It was gifted from parents to 2 brothers; 1 lives on property and the other brother

thinks that he deserves rent. He is under the impression that he is the landlord.

Asked on July 20, 2018 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your brother is mistaken. Any and all owners have a right--equal rights, that is--to use, occupy, reside in, etc. the property. As an owner, you have the right to live in the house and do not have to pay him rent; he could also move into the home (or move a friend or significant other into the home, since owners have the right to let other people reside in their property) without your permission or paying rent to you. So while you can live in the house, you can't keep it for your exclusive use; he can use/live in/etc. the house equally with you.

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