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

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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 10 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.


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