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Old 05-16-2013, 11:29 PM
 
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If 2 siblings inherited a house and one sibling has been living in it, then should the other sibling be able to enter the house whenever they want? The house will be going on the market and will need to have minor work done to it and items cleared out.

Would the sibling living in the house have a say as to when the other can come by? For example call and ask if they can come over or do they get to walk in whenever they want?
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Old 05-17-2013, 06:50 AM
 
Location: Martinsville, NJ
5,930 posts, read 6,961,617 times
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Quote:
Originally Posted by FelixTheCat View Post
If 2 siblings inherited a house and one sibling has been living in it, then should the other sibling be able to enter the house whenever they want? The house will be going on the market and will need to have minor work done to it and items cleared out.

Would the sibling living in the house have a say as to when the other can come by? For example call and ask if they can come over or do they get to walk in whenever they want?
I think this needs to be pulled out of the real estate forum and placed in family relationships or some such thing.
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Old 05-17-2013, 07:15 AM
 
1,619 posts, read 1,929,025 times
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If the two owners are agreed on selling the house- they still have to agree on a price and a buyer. It makes sense to do everything possible to maintain a congenial relationship. Getting huffy about rights is not the way to go.

Now move to the family relationships topic area...
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Old 05-17-2013, 07:44 AM
 
3,078 posts, read 2,169,402 times
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They both have equal rights to the property. Is the person living there paying anything? They are getting use from the property that the other one is not. It is rude to just walk in but the house belongs to both.
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Old 05-17-2013, 10:04 AM
 
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Originally Posted by tamajane View Post
They both have equal rights to the property. Is the person living there paying anything? They are getting use from the property that the other one is not. It is rude to just walk in but the house belongs to both.

I put it in the real estate section, because I'm looking at it from the angle of a transfer of ownership of a property while there is a tenant in place. If that is the case, then the person living in the house should be given notice (such as 24 hours) if the other owner who is not a resident of the house, needs to come inside. If a tenant is in place, when property ownership change takes place, that doesn't affect the standing of the tenant, in the short term at least. Basically, I would like the same consideration, that a tenant would be given.

I'm not looking to be petty, but I don't want to be taking a shower or wake up to someone unexpectedly in the house. I also have pets and they have accidentally been let out almost every time he has been over.

I just wanted some opinions, before I have a discussion with him. He's sometimes inconsiderate and I'd like to feel comfortable where I'm living for the next few months. It's not an ongoing or official rental situation, with a lease. So this may fall in a grey area. I'm not currently paying rent, but I'm contributing to half of the expenses. I've had to stop working for the short term and put all of my time into getting the house ready for sale. I'm not benefiting financially from living in the house, like living in it for several months, while working and not paying rent.

Last edited by FelixTheCat; 05-17-2013 at 10:36 AM..
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Old 05-17-2013, 11:20 AM
 
3,078 posts, read 2,169,402 times
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It's basic consideration to give notice, but you don't have tenant's rights. You can be a tenant or be staying there informally, not both. You are half owner. He is half owner. He can come in at will but you may politely ask him not to. Do you just want notice or are you going to actually try to keep him out? Say no, you can't come in to your own house and see how that goes. He can move right in himself if he wants.

If it's only for a few months it's not worth making waves.
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Old 05-17-2013, 11:30 AM
 
Location: Hernando County, FL
8,489 posts, read 11,362,023 times
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Did you move yourself in without his knowledge and blessing?
Why not offer him 50% of what the going rent for the area is?
Since it is owned by both of you why should you be the only one benefiting at this time.
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Old 05-17-2013, 11:49 AM
 
Location: Pittsburgh
3,637 posts, read 2,159,367 times
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Quote:
Originally Posted by tamajane View Post
It's basic consideration to give notice, but you don't have tenant's rights. You can be a tenant or be staying there informally, not both.
It sounds like the OP was living with the permission of the bequester there before inheriting the house. I think that would come with some rights in some states.
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Old 05-17-2013, 11:53 AM
 
1,092 posts, read 1,286,124 times
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Moving pets into a house that is being prepared to be sold is a bad idea, btw.

Do you intend to live there when it's put on the market?

Did your sibling agree to your moving in? To your pets moving in?
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Old 05-17-2013, 11:54 AM
 
2,168 posts, read 2,640,700 times
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Quote:
Originally Posted by Moby Hick View Post
It sounds like the OP was living with the permission of the bequester there before inheriting the house. I think that would come with some rights in some states.

yes, you are correct
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