Can one owner kick her guest out of their residence if the other owner does not agree?

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Can one owner kick her guest out of their residence if the other owner does not agree?

Earlier this year my father-in-law passed away. Before his death, a quit claim

deed was recorded, giving my wife and her sister rights to the house. For the

past 4 years my father-in-law’s brother lived with him rent free. My sister-in-

law decided to move into the house. She is now threatening to kick his brother

out of the house. Can she legally do this if my wife, who is also on the deed,

does not agree to this?

Asked on August 17, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she cannot do this, so long as the other owner allows the guest to reside there: both owners have equal rights to allow guests to use, occupy, etc. the home, and so long as one of them permits the guest, he may stay. If both decide to remove him, then he'd have to go.


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