Legal Question in Wills and Trusts in California
In California my sister and I own a home together. Can she ask me to pay her half of the rent value of the house
3 Answers from Attorneys
No. Co-tenants, whether as tenants in common or joint tenants, each have a right to concurrent undivided occupancy and use of the property. She may, however, be entitled to charge you your share of the costs of ownership, such as mortgage payments, property taxes and insurance, and maintenance and repair costs. It is really a good idea to work out an agreement on these issues and charges whenever co-owning property.
I agree with Mr. McCormick. I think people tend to confuse the term "tenants" in tenants in common or joint tenancies with landlord tenant arrangements.
You perhaps should keep in mind that either co owner can force the home to be sold through a partition action. It would be worth your while to work out a good and fair ongoing relationship with the co owner. If not, you may be moving. This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.