Can a legal co-owner who is temporarily residing in the home, be evicted?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a legal co-owner who is temporarily residing in the home, be evicted?
My mother passed away. My sister and I inherited her house with a mortgage and taxes. I had to move in the house to prevent it from going into foreclosure because I was the only one able to care for the property. My sister became homeless and I allowed her to temporarily live with me until she found something. She claimed to social services that she was homeless in an effort to receive housing assistance. Now she has made life in my home unbearable and I no longer want her here. Do I have the right to give her a 30 day notice and change my locks? I pay the mortgage utilities upkeep taxes and insurance. She has never put a dime into this house.
Asked on December 6, 2011 under Real Estate Law, Virginia
Answers:
Michael D. Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
No. Your remedy is to sue her for a partition of the property. You buy out her half, and get a credit for the expenses you have advanced for her benefit. You are not her landlord.
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.