Legal Question in Real Estate Law in California
Inherited Real Property dispute By Sisters
In June of 1997 my Mother died. Simply speaking she left everything to my sister and myself to be divided equally. She owned a condominium that was fully paid for. We had the Grant Deed legally changed and lists us as "joints tenants". My sister owns her own home. I took occupancy of the property on Aug.1, 1997, this with my sisters wishes, said she was pleased to have me living here. An appraisal on the property lists it's value at $100,000-$120,000. IF we had jointly agreed to rent this property to an unnamed tenants we could probably get $1000/month. I am currently and have been paying $445/month to maintain this property since I am living here. My sister has NOW decided I should pay her rent each month. From Feb.-June of 1997, when my Mother was ill...I quit my full time job to take care of her...a loss of gross earnings of $20,000. I also payed $2000 for my Mother's Dental work a few months before she died. My sister did NOT incur any expenses at all during my Mother's illness, nor was her lifestyle in any way disrupted. Considering the circumstances, does my sister have any leagl right at all to demand I pay her rent each month in this situation? Any help at all would be greatly appreciated, Thank You...
1 Answer from Attorneys
Co-Owner's Right to Demand Rent
Under California Law, a co-owner has the right to demand rent for the future, but not the past. Unless agreed upon, you have no obligation to pay rent. For the future, if you disagree, you sister has the right to sue you and force a sale of the property.
The facts surrounding the death of your mother (who took care, spent money...) do not matter.
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