Siblings are on deed -- House w/o mortgage but w/plenty of bills -- A sibling is supposed to take care of the house, repairs etc. but does very very little -- Was collecting rent & borrowing $$ from it w/o siblings knowledge -- Several years ago he was taking care of ill parent for about 1/2 a year - parent passed -- Since he doesn't make enough to pay rent, can he be forced to pay from his 'share' of the house? -- Recently, this topic about paying rent was brought up & he got upset -- He said he'd think about it; it's been months & he hasn't said anything -- Because he took care of parent, does he have the right to live rent free?

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Originally Posted by sibling

Siblings are on deed -- House w/o mortgage but w/plenty of bills -- A sibling is supposed to take care of the house, repairs etc. but does very very little -- Was collecting rent & borrowing $$ from it w/o siblings knowledge -- Several years ago he was taking care of ill parent for about 1/2 a year - parent passed -- Since he doesn't make enough to pay rent, can he be forced to pay from his 'share' of the house? -- Recently, this topic about paying rent was brought up & he got upset -- He said he'd think about it; it's been months & he hasn't said anything -- Because he took care of parent, does he have the right to live rent free?

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No, he doesn't have the right to live rent free.

How many siblings?

In any case this could end up in a Court battle if you try to collect rent/evict him because he is a part owner of the house.

I don't understand what you mean by "can he be forced to pay from his share of the house - ?" Do you mean if you sell the property can his past due rent be deducted from his share?

Unless this is by prior agreement, in writing, I would say no.

I would say that if this house is owned by all the siblings, it might be time for you all to get together and decide what you want to do with the house. Sell it, rent it, let your brother live there rent-free? Consider the market, and lay out some long-term plans for the place. If you decide to rent the place, determine a fair market rent, tell your brother that he can rent it for that price (minus his percentage, i.e. if there are 4 of you, he would be getting 25% of the rent, so he can deduct that from the rental amount), or tell him that he will have to move out so that the place can be rented out.

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Originally Posted by froggy7

I would say that if this house is owned by all the siblings, it might be time for you all to get together and decide what you want to do with the house. Sell it, rent it, let your brother live there rent-free? Consider the market, and lay out some long-term plans for the place. If you decide to rent the place, determine a fair market rent, tell your brother that he can rent it for that price (minus his percentage, i.e. if there are 4 of you, he would be getting 25% of the rent, so he can deduct that from the rental amount), or tell him that he will have to move out so that the place can be rented out.

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I'm not sure if a part owner can be evicted from the house - I think it's going to depend on the number of siblings. I think they could sell it out from under him but I'm not sure about the "pay rent or be evicted" part. Also don't know who is paying for repairs and upkeep.

Good question, though.

Calling Lisa, calling Lisa!

If the sibling in question has a partial ownership interest in the property, then they cannot be required to pay rent nor can they be evicted. However, they can be sued for their share of the upkeep of the property (taxes, insurance, repairs, etc.).

The other siblings can force a sale of the property, and, if they obtain a judgement against the recalcitrant sibling, deduct what he owes from his share of the proceeds of the sale.

Of course, it occurs to me that if the other siblings want to force the issue, they can move into the house, too. A little family togetherness may be all it takes to get the recalcitrant sibling to rethink things.

[QUOTE=Comments on this post: sibling agrees: If & when we sell, can rent be deducted from his share -- if he doesn't agree to pay rent out of his 'share' but the other 3 siblings do agree, can majority rule? Thank you.]



No - you cannot create a contract by majority rule when no contract exists. If you expect him to pay rent, get together, vote, tell him he owes rent from that day forward. Then at least you have some legal standing when the house is sold and he's not paying.

I don't think it will "fly" but you can try and maybe he'll agree - of course, it would only pertain to ongoing rent. As I said, you have no contract at you can't create one retroactively.

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Originally Posted by ScottGem

If the sibling in question has a partial ownership interest in the property, then they cannot be required to pay rent nor can they be evicted. However, they can be sued for their share of the upkeep of the property (taxes, insurance, repairs, etc.).

The other siblings can force a sale of the property, and, if they obtain a judgement against the recalcitrant sibling, deduct what he owes from his share of the proceeds of the sale.

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(Sorry, Scott. I've got to spread the rep.)

This is exactly correct. And no, the sibling is not entitled to "take Dad's share".

I'm new here, thus hope I'm anwering in the correct 'box'... Want to thank everyone who gave me advice. Well appreciated & taken. Thank you all again for your time; will definitely consider & follow advice.

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Originally Posted by sibling

I'm new here, thus hope I'm anwering in the correct 'box'...Want to thank everyone who gave me advice. Well appreciated & taken. Thank you all again for your time; will definitely consider & follow advice.

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And if you get a chance, come back and let us know how things work out. Someone else may have the same question at some point and hearing from someone who has been through it is always helpful all the way around.

And good luck!

Also decide who is to collect the rent, if he is, then he is liable to deposit that amount into the house fund. If he is "borrowing" money out of the rent collected, he can be held responsible for that money to the group.

But as noted the entire group needs to meet and set up a written set of "house rules"