Can one family member live in a house that is deeded to several other siblings?

Answer 1

Anybody can live in a house - sibling or not - that is deeded to several siblings so long as all the siblings agree. To avoid legal problems, there should be a formal agreement drawn up for the tenant sibling spelling out their obligations to the rest of the siblings if they are going to occupy the house. Note that in practical terms, if a majority of the siblings agree to allow one sibling to occupy a house that is deeded to several other siblings, it is difficult for the minority to force eviction on the tenant of the house.

Clarification & Another Perspective

A lease agreement where a "majority" of the owners sign is not binding on the owners who don't sign. It may, in fact, alienate any co-owners who don't agree. The bottom line is that you need the consent of all the other owners in order to occupy the premises legally. Every co-owner has the right to the use and possession of the property and so you need an agreement signed by each owner that transfers their right to use and possession to you.

Your agreement should state clearly the obligations of the parties such as: rental payments, upkeep both inside and out, repairs, the right to make improvements, inspections, payment of utilities, property taxes, insurance, etc. You should be aware that if any co-owner becomes alienated or desires to sell the property they could bring an action for partition, requiring the land to be sold. When land is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court. Therefore, it is important for all the parties to remain on good terms with one another.

When a partition is filed, the court has the authority to divide the land if that is feasible such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the court can order a sale and the net proceeds are divided according to each owner's interest after the costs and expenses associated with the Partition have been deducted. The costs associated with a partition are high and so everyone loses. You should consult with an attorney to have an agreement drafted that protects all the parties.