What are the rights of4 siblings who share ownership of a property?

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What are the rights of4 siblings who share ownership of a property?

The property is mortgage-free. The youngest sibling lives on the property and has turned the place into a “hoard” of trash and junk. The older siblings are worried about code enforcement problems/violations and the safety of the children living there. What are the rights of the other siblings? Can they force a clean-up? Can they legally go onto the property and demand to see the inside of the house? Can they threaten eviction if the youngest sibling is uncooperative? The only monetary obligation the youngest sibling has is the annual tax bill which he pays.

Asked on March 8, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless there is a written partnership agreement that is signed by all four owners of the parcel that you are writing about, there really is not much the other three owners can do about evicting the one owner other than file a legal action for "waste" due to the property's neglect. Under the law, an owner of real property cannot be evicted from it by another owner unless there is a written agreement to the contrary.

With that being said, I recommend that you and your other siblings consult with a real estate attorney about the situation with the intent to draw up a written agreement as to all owners regarding duties and obligations concerning the subject property.


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