Can a legal co-owner who is temporarily residing in the home, be evicted?

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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 10 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.


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