Cana person who owns a house in a joint tenancy have someone live in the house against the other owner’s wishes?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Cana person who owns a house in a joint tenancy have someone live in the house against the other owner’s wishes?

I own a house with my mother and roughly a year ago she moved my brother in for what was supposed to be a temporary stay. A year later, she’s basically told me he’s staying indefinitely and that I can’t do anything about it. I would like him gone. What can I do about this?

Asked on April 6, 2011 under Real Estate Law, Minnesota

Answers:

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

Answered 12 years ago | Contributor

Actually, your mother can do this.  If the situation is drastic enough, what you may have to consider filing for a "partition.  This is legal remedy in a case where joint owners cannot agree as to the running of the property and related matters (such as this).  In a partition if a property can be physically divided the Court will so instruct.  However, where division would be impracticable (as with a single family dwelling), the Court will order a sale in lieu of partition wherein there would be a sale of the property and an equitable division of the proceeds among the co-owners.  However, before it would be ordered, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption