Can I evict my niece and her daughter?

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Can I evict my niece and her daughter?

My brother, sister and I inherited a 2 flat from my father. My sister moved in (without asking) into the upper flat. My brother and mom live in the lower flat. There are only 2 bedrooms in the unit. No one pays any rent. My sister and her clan expect my brother to support them but he does not work because he takes care of my mother. He too wants the lazy, gambling, no good niece out too.

Asked on February 10, 2011 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your sister is one of the owners of the home--you say that you, she, and your brother all inherited--you can't evict her neice; your sister, as one of the owners, has a right to both live in the flat and to have family members live with her, the same right that you and your brother have.

This is a situation--a two flat, with two bedrooms; but three people who inherited--where conflict is built in. Probably the best outcome would be one of the following:

1) Sell the flat, split the proceeds, everyone goes their own way.

2) 1 or 2 people--those with the desire and the financial ability--buy out the interest(s) of the other heirs, changing the 3 for 2 situation into a more stable 2 for 2 or 1 or 2 situation.

3) Everyone moves out of one or both units; the unit(s) are rented out, to produce income, which is then distributed.

Note that the owners can't agree on on 2 or 3 above, there are legal mechanisms--consult with a real estate attorney--for force a sale of the unit to make 1 happen.

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