What to do if f my brother and I owned a house 50/50 share but after he sold his share to me he refused to move out?

UPDATED: Aug 8, 2012

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What to do if f my brother and I owned a house 50/50 share but after he sold his share to me he refused to move out?

He is asking for 3-4month grace period so he can find and buy another house and the 4th month is ending and he does not show any intension to move. What can I do?

Asked on August 8, 2012 under Real Estate Law, California


Ganette Genetti / Ahluwalia Law Professional Corporation

Answered 10 years ago | Contributor

You only recourse is to treat him as a tenant and evict him.  You will have to give him the appropriate legal notices (such as a Notice to Quit) in writing, just like he would receive if he were living at an apartment complex.  At minimum he should be paying you rent if he continues to reside there.  If he refuses to leave after receiving written notices, then you should file an unlawful detainer action at the superior court, and it will take about 30 days.  You may want to check out resources at your local public law library for appropriate notice requirements and forms.

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