If my brother pays the taxes on property owned by 8 siblings and he moves his child in the house, can we have her removed?

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If my brother pays the taxes on property owned by 8 siblings and he moves his child in the house, can we have her removed?

One of the siblings want to fix the deteriating house and move into it herself. The niece living there is not paying rent or keeping the property up.

Asked on November 23, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Co-owners on a piece of property cannot preclude other co-owners from using the property. However, this rule does not extend to children or friends of a co-owner.

If one sibling (brother) is paying the property taxes on a jointly owned parcel, the other co-owners are required to reimburse this co-owner for their share of the property taxes paid by the one sibling. However, if the one sibling moves his child in the jointly owned property the other co-owners can legally request the child to vacate IF the father of the child is not actually living in the unit.

It seems that the siblings need to get a "partnership agreement" prepared by a real estate attorney signed concerning the jointly owned property setting forth its use and the obligations of all co-owners as to the property.


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