3 tenant in common owners plus another with life tenancy

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Clonback

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Under a will 3 siblings inherit a property.One resides in the property and 4th sibling has a life interests in property and lives in state accomodation.
Is there an onus on the resident to pay rent to the other 2 owners?
 
Surely it's up to them to decide what mutual arrangements they want to make?
 
What a mess.

If 3 people own a property, they can sell it. If one wants to rent it from the other two, they can agree to do so or force a sale.

But the life interest makes it very messy. I presume that they can't sell it while someone else has a life interest in it. And they can't rent it either.

Brendan
 
Clonback said:
Under a will 3 siblings inherit a property.One resides in the property and 4th sibling has a life interests in property and lives in state accomodation.
Is there an onus on the resident to pay rent to the other 2 owners?
Click to expand...
A life interest can mean many things- a right of residence, an exclusive right of residence, full ownership of the property until their death after which it passes to the others. It matters a lot what kind of life interest it is.

Assuming the life interest is a right of residence (not exclusive), the resident has no obligation to pay rent. This is because all four siblings are entitled to live there, why on earth would any of them become entitled to receive rent because they choose not to exercise that right?
 
Yes, which kind of right of residence is it and does the person who owns that right of residence have legal capacity?
 
Questionable legal capacity won't wash with courts, they should have a functional capacity assessment. If no capacity someone can be appointed a representative on their behalf and sell their right of residence if they wont use it anyway. If they have capacity they can sell it themselves. Is it a simple right of residence, an exclusive right of residence or a lifetime interest. These have all different values and different rights which impinge on the ability to rent the house
 
SquirrelChaser said:
A life interest can mean many things- a right of residence, an exclusive right of residence, full ownership of the property until their death after which it passes to the others. It matters a lot what kind of life interest it is.

Assuming the life interest is a right of residence (not exclusive), the resident has no obligation to pay rent. This is because all four siblings are entitled to live there, why on earth would any of them become entitled to receive rent because they choose not to exercise that right?
Click to expand...

MHoran379 said:
Questionable legal capacity won't wash with courts, they should have a functional capacity assessment. If no capacity someone can be appointed a representative on their behalf and sell their right of residence if they wont use it anyway. If they have capacity they can sell it themselves. Is it a simple right of residence, an exclusive right of residence or a lifetime interest. These have all different values and different rights which impinge on the ability to rent the house
Click to expand...
A simple right of residence.
 
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