If 2 siblings inherita house, can1 of them put the other out if they own more then the other?

Inherited the house about 20 years ago.

Asked on September 10, 2011 under Real Estate Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you both inherited the home, then you each own as tenants in common. Even if one owns more of a percentage than the other, you still have the right to occupy and or own the home. To kick you out would be called an ouster and it is not permissible. Think about what you prefer to do with this home. If you wish to jointly live in the home, it may be a good idea to discuss who pays for what costs and put it in writing and signed by both siblings. If the intent is to rent it out, make sure you both are on the landlord tenant agreement and that checks are deposited into a joint account you both own together for this purpose. If the intent is to sell, you both must be on the closing documents and if one owns more than the other, then consider that one will pay more in closing fees/sale fees than the other.


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