If my mother passed away without a Will and left a house that one of my brothers won’t leave, how do I get him out so that we can sell it?

We do have a quit claim deed on the house made to me and my 2 brothers; 1 of whom has lived there for 14 years. What rights do I have to have the utilities turned off or to get my brother out of the house so we can sell it? My name is on the checking account so I have been paying the bills.

Asked on October 13, 2014 under Estate Planning, Michigan


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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  From what you have written you all have equal rights in that house, to stay or go.  What you are going to need to do is bring an order for "partition" of the house, asking the court to split the asset between its owners.  Since you can not split a house three ways the court generally orders it sold.  Do not turn off the utilities. It will not look good for you in court.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.