What are a co-owner’s rights to possession?

My brother, sister and I own a house together. However, they have their own homes and I don’t; they are letting my mother live there. Is there a way that I can kick my mother out and let me and my family move in since I’m a 1/3 owner or can I foreclose on the house without my brother and sister’s approval. What are all of the options I have?

Asked on July 15, 2012 under Real Estate Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You and your siblings have equal rights in ownership of the home and so you need unamious approval for anything or a court order.  You need to rent unanimously, evict unanimously and would all be liable in foreclosure.  I would speak with an attorney about an action for partition or your other options here.   

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