Ask Experts Questions for FREE Help !
Ask
    ladybug1309's Avatar
    ladybug1309 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 25, 2013, 02:36 AM
    If 2 people own a home but only one lives in it can the other person charge rent
    My 82 y.o. mum owns 51% of her home, my EX brother in law owns 49%, he has been threatening he is going "to charge her rent" because he has moved out now that he has remarried.

    Can he do that?

    Also my mum has been paying for everything for the whole 18 years they've shared the home, rates, electricity, gardener,

    Can my mum get some of that money back?

    They have agreed to sell the property but all these issues are delaying the signing of an agents contract.

    PLEASE HELP!
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Feb 25, 2013, 03:36 AM
    There is no law that covers informal agreements between two owners. Even if they had a written contract with each other, and it wasn't resolved financially when they go to sell, it will have no bearing on the real estate transaction except privately between them.

    It's too bad she paid for all the expenses for 18 years while they lived together. I can't imagine that short term rent would come close to what she spent. I wonder if she has some records proving what she paid. If they can't come to terms, one of them will have to sue the other. I would guess that a small claims court judge might credit an amount to each, declared it a wash, or throw it out, because they have no contract with each other.

    I would suggest that they chip in for a legal mediation, or just agree to ask the real estate agent or some other impartial person do it informally.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Feb 25, 2013, 05:02 AM
    No mom can not get any of that money back.

    Mom can not be made to pay rent, she is a owner
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Feb 25, 2013, 06:04 AM
    How is it 49% / 51%? That can be done with a corporation, but I question how it was set up with real estate.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 25, 2013, 06:42 AM
    AK asks a good question. I've never heard of a title set up in percentages. So I wonder if the ownership is in some sort of trust.

    But Chuck is right she can't be charged rent as an owner. And if she can prove she has paid all the expenses, then she may be able to get a bigger share of the sale's profit.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #6

    Feb 25, 2013, 07:29 AM
    Hey - I was a 25% owner in MA in 1980 (the others were 25% and 50%). Then recently of my dad's house in CT, a mere 10% (actually more like 9.9 or something, based on the amount I put in).
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #7

    Feb 25, 2013, 08:18 AM
    I have seen percentages of ownership detailed on deeds several times.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to legally evict someone that lives in my home and has never paid rent California [ 0 Answers ]

My daughter in-law and her baby have been living in our home for 5 months now under the assumption that she needs time to save money and get her affairs together so she can get her own place. All she does is sit around watching TV and being disrespectful to her mother. Every month she gets over ...

Evicting a person who lives in your nj home? [ 6 Answers ]

I live in NJ.. my wife and I separated in 2008, to cover bills, she allowed a friend to move in and gave her a basic lease. My wife does not own the home, I am the primary owner on the mortgage. Anyway, this woman she allowed to move in is a horder, she has stored an unregistered and uninsured...

How do I evict a person from my home who lives here rent free and has no lease? [ 3 Answers ]

You have to go through with a formal eviction since he is considered a resident. You have to give him a written notice that his tenancy is terminated and he must vacate within 30 days. If he hasn't left after the 30 days is up then you have to file a lawsuit for eviction.

If two people own a home can one owner charge the other owner rent [ 1 Answers ]

If two people qwn one home can the other owner charge rent


View more questions Search