Dec 07, 2025
3 min read
The expert explains when it is possible to claim rent from the brother who lives in the inherited house and what can happen before you claim compensation.
Inheritance lawyer Laura Lobo warns of sibling conflicts over housing: 'You can't exclude others'
The expert explains whether it is possible to rent from a sibling who lives in an inherited house and what needs to be done before you can claim compensation
It is a common occurrence in many families: many brothers inherit a house and one of them lives in the house, either because he lived there before, or because he decided to fix it up.Something that starts like "temporarily I can decide to be where the heirs think they are happy at home, but I can ask my brother about the rent."
Law Laura Lobo, expert on family and heritage, explains that the debate that is published on Instagram is to explain something: but not in any way.
A common problem in heritage: the use of houses and crops
As Lobo explains, it's a very common situation: "Several siblings inherit a house, and one of them lives in the house, either because he lived there before or because he moves in after he dies."
The scene, he admits, "usually creates a lot of tension" because "kicking a sibling out of the house is very controversial."Therefore, many people consider a middle option: if they are not kicked out, can they rent for special use?
What happens if the house is co-owned?
Co-ownership is key.When several siblings inherit a house, they all become co-owners.And this, the lawyer reminds, has a direct consequence: "If the house is jointly owned, everyone has the right to use the house, but no one can exclude the use of others."
This means that all siblings have the same right to use the inherited house.No one can act as if they are the sole owner, let alone prevent others from using it.
When can you ask for rent from your brother who lives in the inherited house?
According to Lobo, this is where the importance lies in making a difference in whether or not you can charge rent.Siblings do not automatically receive income just because they live in the home.The lawyer explains:“You can start charging rent from the time your brother claims exclusive use of the house or you claim use of the house.”In practice this means:
- First you need to request the use of the house: officially ask your brother to use the house.
- He must refuse: it is necessary to make it clear in some way that he will not be allowed to use it.
Only after that, the door was opened to ask for financial compensation: "You have to ask for permission to use that house and he has to prohibit it. You can ask for rent from there."
The act that changes everything: asking to be used... and getting a "no"
According to these family and genetic experts, it is not certain that a brother lives in the inherited house, but he virtually prevents the other co-owners from using it.
Therefore, before we talk about rent, the lawyer advises you to take the step of asking for the use of the apartment.If this brother refuses or makes it clear that he wants exclusive use, this is when the land is made available to him so that he is able to seek compensation in the form of rent.
The next argument in many families
Laura Lobo's video summarizes in a few seconds a problem that in practice lasts for months or years in many households: undivided inheritance, jointly owned homes, and siblings in opposing positions.
In his publication, the lawyer recalls that he specializes in family and inheritance and that, precisely because of the numerous doubts of people who ask for it, in order to better understand such situations.
He clearly explains that, if your brother lives in an inherited house, not everything goes: in order to claim rent from him, you must first exercise your right of use and record that this right was denied to you.
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