If a parent died and the property was placed in all 5 children’s names but 1 of them is residing in the house, can any of the other owners evict the occupant?

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If a parent died and the property was placed in all 5 children’s names but 1 of them is residing in the house, can any of the other owners evict the occupant?

Asked on May 20, 2013 under Estate Planning, California

Answers:

William Christian

Answered 8 years ago | Contributor

Generally each co owner has a right to possession. However, if any owner wants to sell the property, any of the 5 can force that sale. This is referred to as a partition action. It is time consuming and expensive, so in most circumstances the parties reach an agreement to sell and split the proceeds. Obviously this is a difficult matter, and the ffamily dynamics play a large part in determining what is the most effective way to proceed. Is the party in the home paying rent? Do all parties want to keep the proerty for a long term investment. Are there those who want to sell? You need to determine the answers to select the most efffective way to proceed.


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