How can you put a sibling out of your late parent’s home?

UPDATED: Sep 30, 2022

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How can you put a sibling out of your late parent’s home?

I was living in the house with her wand my children, as I went into bankrupt last year. My brother talso started living in the home. I pay all the bills and I want him out.

Asked on October 21, 2016 under Real Estate Law, North Carolina


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

Answered 6 years ago | Contributor

If her estate has not yet been probated, so the house is still in her name, then only the executor or personal representive of her estate can evict your brother. If, the house is now in both of your names (assuming that you both inherited it), then as co-owners you both have equal rights to occupancy, no matter who is paying the bills. If, however, the house is in your name only (if you were the sole beneficiary of the estate), then as the legal owner you can bring eviction proceedings against your brother.
That having been said, if you both own the house, you can bring an action for "partition" which will result in either the sale of the house or your having the right to buy out your brother.

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 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.

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