Can I have him evicted?

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Can I have him evicted?

After the death of my father, my brother has been living in a house that he is a quarter owner of. He has not paid any rent or taxes. As another quarter owner of this house and farm property, I have paid the taxes for the last 5 years. My other 2 brothers, also co-owners would like to keep the property, but cannot continue to support him.

Asked on January 10, 2017 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

On eowner cannot evict another. However, when co-owners of property cannot agree as to ownership matters the law provides a remedy known as "partition" (assuming the title to the property is now in yours and your siblings names). This means that any of you can force a sale. With a partition, if the property can be divided, then the court will instruct that it be done. However, if the property cannot be divided (as in the case of a single family house), then the court will instead order what is known as a "sale in lieu of partition". This means that the property will be sold and the proceeds equitably distributed among all of the owners. That having been said, before a sale would be ordered, all co-owner(s) would be given the right to try and negotiate a buy out of the other co-owner(s). At this point, you may want to consult directly with a local real estate attorney. 


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