If my 4 siblings and I inherited equal shares of our parent’s land and house, how can the 4 of us legally evict our brother so we can clean it up and put it on the market?

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If my 4 siblings and I inherited equal shares of our parent’s land and house, how can the 4 of us legally evict our brother so we can clean it up and put it on the market?

Our brother is living in the house and has been asked to move out so we can proceed with selling the property. He pays no rent and has made such a mess in the house we cannot show it to a potential buyer at this time. He has yet to find other living arrangements.

Asked on April 29, 2015 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he is an owner (i.e. he inherited, too, which is what your question indicates), you can't get him out of the house (he has as much right to be there as you) except by going to court and getting a court order directing that the house be sold and that, as part of the sale, he vacate for the sale process. Courts have the power to direct the disposition of assets, like real estate, when the owners cannot agree as to what to do. This is not a simple lawsuit, like an eviction of a delinquent tenant or small claims case, so you are advised to retain an attorney to help you. You and your siblings should consult  with a real estate attorney about this matter, and be preparted that it will likely cost thousands of dollars to bring this action to fruition.


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