Can a majority owner of a house, evict the minority owner?

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Can a majority owner of a house, evict the minority owner?

My brother and I own a house, 25% and 75%, respectively. Being majority owner, do I have final say in all matters in keeping the property maintained since I am also the sole noteholder to the bank? Since he will not maintain sanitary living conditions in parts of the house, nor maintaining anything, can I evict him? What recourse do I have with this mistake I made.

Asked on October 26, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless you have a written landlord tenant agreement between yourself and your brother who each own a percentage of the home that you are writing about (you 75% and he 25%) you cannot evict him from the property.

The reason is that the laws of all states in this country hold that all owners in a piece of real property have the right to occupy the parcel in the absence of a written agreement signed by the owners to the contrary.

Your recourse is to try and have your brother voluntarily leave the premises. Another option is to buy out his interest in the property. Absence this, your recourse would be to have a partition action where the property is sold to a third person or you buy out his interest in it.


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