What are a co-owner’s rights to occupancy?

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What are a co-owner’s rights to occupancy?

My grand father passed without a Will. When we went through probate the deed to the house was put in our names; there are 6 names in total. I want to move into the house. Do I need to ask the other 5 people of my plans to move in? I feel if my name is on the deed I have every right to move into the house. If the others don’t like it they could always buy my part.

Asked on October 6, 2012 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You all have equal rights under the law as co owners of the home.  You also all have equal responsibility.  Now, how this plays out in a practical sense with this many people is another story.  I would approach the situation with some diplomacy here.  Try and come up with a way to open up the discussion with out starting a family feud.  Good luck.


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