How to evict a co-owner of property?
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How to evict a co-owner of property?
I inherited a 1/3 nterest in a home that is inhabited by a family member, who was allowed to move in rent free and without any kind of a lease. Now person says she will not leave unless we evict her. I am having trouble finding the correct wording on the eviction forms. How do I evict this person? Also, my interest in this home is held in a living Trust, does that protect me from liabilty in this case? Does that liability change when I fill out eviction forms stating that I am the owner/landlord?
Asked on October 7, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the person who occupies the property that you inherited also owns an interest in it, you cannot absent a written and signed agreement to the contrary by the joint owner evict him or her under the laws of all states in this country.
If the person occupying the unit that you own is not an owner as to it, you need to serve him or her with a thirty (30) day notice of termination of the lease to be signed by the trustee of the trust. You cannot evict this person as a beneficiary under the trust unless the trustee fails to act.
Given the complicated nature of the way title to the property is held I suggest that you consult with a landlord tenant attorney as to who signs the thirty (30) day notice of termination and what to do if the occupant refuses to move out in the stated time period after being served with the notice.
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