Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.I am unable to do a phone call as I am at the courthouse.Let me try to help you via email.
Here you absolutely can charge rent.If rent is charged here it helps defray the costs of taxes, insurance, and upkeep.It is very reasonable to charge rent while he lives there.Also you have a right to file a partition suit or threaten one if he will not pay rent.A partition suit is a court ordered sale of the property.Anytime there is joint ownership this is a potential remedy if the brother will not agree to pay rent.This may be the long term solution to get your share of the house sale.
But it is more than reasonable for the brother to pay rent here, in fact it should be resolved prior to brother moving in or as soon as you can.If he will not agree to this then a suit for partition is the next step here.
I appreciate the chance to help you today.Please let me know if you have more follow up.
I will send you additional services for email follow up for all your questions in lieu of a phone call.