Can my brother evict me?

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Can my brother evict me?

My mother died 6 years ago. Before she passed away she signed the house that I’ve been living in for 7 years, over to my sister and brother. However, I have a verbal agreement with my mother and my sister to live in the home pay all bills and maintained. Can my brother, as a co-owner, evict me without my sister’s approval.

Asked on May 21, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Both owners of the home have to be on the eviction proceeding but I do have to tell you that a verbal agreement is not the best and you should have something in writing with both of your siblings.  And since your brother has the same rights as your sister as an owner say he wants to move in or "rent" it to some one else as well? So he can make your life miserable. Please go and speak with an attorney about protecting yourself here.


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