Can one co-owner of a house tell another co-owner who they can have live there?

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Can one co-owner of a house tell another co-owner who they can have live there?

My brother and I inherited my grandparents house which I have lived in for the last 3 years. I took care of my grandmother for over 2 of those years. The estate is in probate. I want to cash my brother out for his 1/2. Until this happens, can he say who I can have live in my home?

Asked on April 23, 2013 under Estate Planning, Washington

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

The estate is entitled to rent for the house asset; brother may demand the rent of one half of the rental value while the probate is open. No your brother cannot tell you who can visit you. As to you purchasing his one half, start the preparation with the lender to purchase his half; the lender will want to know what the appraised value,  determine the amount of the loan they will need to make to you. However, remember the brother can compel an auction for the property at the near the close of the estate so as to obtain the highest market valueto be divided. So be prepared.


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