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

Answers:

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.


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