I’m living in mother’s house and she passed 2 years ago, can I be put out of the house?

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I’m living in mother’s house and she passed 2 years ago, can I be put out of the house?

I have 3 siblings and 1 wants to sell, 1 doesn’t and 1 is up in the air. Past taxes are due on the house and I’m currently paying them and doing repairs.

Asked on June 22, 2016 under Estate Planning, Ohio

Answers:

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

Answered 4 years ago | Contributor

I will assume that the house is now in all of your names; if not then the executoe/personal representative of the estate can determine who can or cannot stay on the premises. Once the house is in all of your names, then any co- owner who wishesto sell can go to court and sue for anisaction in "partition". This a a legal tool that is employed when joint owners of property (real or personal) cannot agree as to ownership matters. If the property can be divided, it will be and each owner will get the share. If it is impractical to so divide (as in the case of a single family dwelling), the court will order a sale, with the proceeds to be equitably divided among the co-owners (meaning that any money paid out for taxes and repairs may be possibloy be recouped). First, however, before the property is put on the matket, any party wishing to keep the property will have the right to buy out the other owners for fair market value.


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