What are my rights if my 2 brothers and I have inherited my mother’s home in equal 1/3 interests?

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What are my rights if my 2 brothers and I have inherited my mother’s home in equal 1/3 interests?

We lived with her so we could take care of her until her death; she had Alzheimers. I had no rental agreement and I paid no rent. One of my brothers is the executor of the estate and is demanding that I pay rent and that I owe him for a years rent per a verbal agreement that was never made. Is he my landlord and can he evict me?

Asked on May 26, 2013 under Estate Planning, California

Answers:

Janet Brewer / Law Office of Janet L Brewer

Answered 9 years ago | Contributor

If this house is in California, then you are now a co-owner, and co-owners cannot be forced to pay rent unless they sign a written agreement to do so.  Your brother also cannot have you evicted (you are not a renter).  But he can file a "partition" lawsuit to have the house sold and the proceeds divided among the 3 of you.

(note that you are a "tenant-in-common" with your siblings; the meaning of "tenant" in a tenancy in common is not the same as the meaning of "tenant" in a lease).


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