can one of my siblings charge me rent for living in family home.

buyboy111

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I've lived in family home since I was a baby and she wanted me to have house , however my mother left no will so she died intestate and the house now belongs to all siblings.
One sibling now wants me to pay rent every month as they are struggling and if I dont house will be sold
 
If all other siblings agree then the answer I believe is inevitably yes. This is assuming that your late mother was your last surviving parent.

Think about it - you all own, in equal shares, an asset. I respectfully suggest that all of your lives will be much easier if you are able to agree the way forward together.
 
If you pay rent to that sibling, they would need to declare it for tax. So I suggest you make an offer of up to €290 a month to that sibling as a "gift".

To make a gift payment of under €3500 a year there would be no tax implications to either party.
 
If you pay rent to that sibling, they would need to declare it for tax. So I suggest you make an offer of up to €290 a month to that sibling as a "gift".

To make a gift payment of under €3500 a year there would be no tax implications to either party.
I dont plan on giving siblling any money unless its for a buyout
 
It's not your house, unfortunately if there was no will your mothers wishes don't change anything, it will be equally owned by all siblings. Therefore expect it to be sold if you don't come to some arrangement. If you start paying "rent" to one sibling, the others may want something too, so I think you need to consider if you can buy them out or look for somewhere else to live using you percentage of the sale as a deposit etc.
 
start paying "rent" to one sibling
I don't think this will work.

If rent is to be paid, it needs to be shared amongst all siblings; you also need an agreement on repair and upkeep costs.

Depending on how many siblings you have this could get very messy very fast.

Did you care for your parent and / or give up work or work reduced hours to do so? If the answer is yes, then its reasonable to seek some recognition from your siblings in that regard. Its not a legal entitlement however.

Ultimately you have three options:

1. Offer to buy out your siblings share.

2. Agree to sell the property now & buy somewhere else to live.

3. Sit tight until the sale is forced - be prepared for your siblings to never speak to you again & for a large chunk of your inheritance to be lost on legal fees.
 
Your siblings cannot sell the house without your permission and if you don’t give permission they will need to go to court to force the sale which will eat up the value of the inheritance quickly. So don’t worry that he can make this happen if you refuse to pay rent.

Say they are 5 of you, and the house is worth €500K and it would rent out for €1500 per month.

There are several options

1. You pay each sibling €300 per month rent, (you would not pay yourself), and you maintain the property, getting each of them to pay 1/5 of all maintenance costs, insurance, painting, boiler service etc. don’t forget to keep all receipts to keep it all crystal clear what they are paying for. register the tenancy with the RTB, each sibling will pay tax on their rental income.
Make sure probate is taken out and that the 5 of you are on the deeds as owners.

2. Offer to pay your sibling €100K for his part of the house, then you own 2/5ths and the other 3 1/5 each.

3. If you cannot afford it try to get one of the other siblings to buy your brothers 1/5th.

4. Agree to put the house on the market, take your 1/5th of the profits and find somewhere else to buy or rent.

5. Many of your siblings may have no interest in being landlords and would probably be happy if you bought them out of their portion, so raise a mortgage and buy them all out.

You need to be clear how much the house is worth, how much you can borrow, how much you can afford in rent.

And your siblings are entitled to their portion of their mother’s assets. I am sure your mother loved you all equally and the fact she did not make a will is probably a sign she was very conflicted about wanting to give you a home until she died and treating all her children fairly and reflecting the love she had for you all. While she cherished your companionship and probably was very grateful you lived with her, she was also aware that you probably lived there rent free for years, while your siblings paid rent and mortgage.

Ultimately the decision on the house rests with you but the final answer is that the house is sold, either piece by piece to you or another sibling or to a stranger with you moving on. You need to decide if it is worth falling out with your family over or if you want to fight it and cause unnecessary trouble every step of the way.

I would be curious to know if you knew your mother had no will and what plans you put in place for yourself if you ever had to move out due to work, family, falling out with your mother etc.
 
It's not your house, unfortunately if there was no will your mothers wishes don't change anything, it will be equally owned by all siblings. Therefore expect it to be sold if you don't come to some arrangement. If you start paying "rent" to one sibling, the others may want something too, so I think you need to consider if you can buy them out or look for somewhere else to live using you percentage of the sale as a deposit etc.
how does buying out a sibling work will I be paying huge tax?

like for example there is 8 of us the rest want me to have it and said they will gift me there portion of the house will I be paying tax on every sibling who gives over there portion of the house to me then ?
 
how does buying out a sibling work will I be paying huge tax?

like for example there is 8 of us the rest want me to have it and said they will gift me there portion of the house will I be paying tax on every sibling who gives over there portion of the house to me then ?

It depends on the value of the asset that you receive.

But yes, if several siblings give you 1/8 + 1/8 + 1/8, etc., then it looks like you might have a CAT bill.

Here is info on CAT:

 
Who is paying to insure the house and who is paying LPT on it?

If you are, then you need to keep records of every cent that you have paid out in respect of a property that isn't yours.
 
OP needs proper legal advice.

All the replies are very helpful but if the OP wants resolution, legal advice is necessary.

I have two of these situations on my desk at the moment and reality is not featuring in any part of the incumbents' position.

mf
 
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