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Posted Feb 3rd, 2012
My father has willed his home to myself to two siblings. Upon his death can any one of us live in
it without the consent of the others?

Additional Details:
One of my brothers plans on moving into the house that my father has willed to his three children
upon my father''s death. I do not want him living there unless he buys me out of my third.
Legal Topic Area: Real Estate in FL

Technically, a co-owner has the same rights to occupy the property as any other co-owner. This is particularly problematic when one co-owner tries to exclude others from having similar rights to the property. An occupying co-owner does have the duty to account to the other co-owners and arguably should be paying fair market rent. If you don't like the situation, you can go to court and try to get a judge to order the partition of the property which is an order that requires that the property be sold. Usually when faced with that result, an arrangement is made between co-owners for a buyout of an interest, or the payment of rent, or something else similar to that.

This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.


Answered on Feb 6th, 2012 at 11:21am