ASK A LAWYER-Brothers at odds over inherited home

Orlando Sentinel, September 20, 2010

Question:
My brother and I inherited my mother’s house, and our names are on the deed. I want to move in and live rent-free, but my brother and his son say I should pay rent. Since I am half-owner, does my brother have any legal way to prevent me from moving in?
G.M.
Orlando

Answer:
You each own the house equally as tenants in common, with an equal right to occupy the property. If you and your brother disagree as to the use and possession of the house, and you don’t want to sell the property, your brother has the right to file a partition action with the court to sell the property. As part of that suit he could seek an injunction preventing you from moving into the property.

In any case, as tenant in common you have no legal obligation under Florida law to pay rent to your brother. The only exceptions would be if you are also collecting rent payments, or if you are otherwise adversely preventing your brother from occupying and using the property.

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Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.