If 3 siblings own their deceased mother’s home and 1 lives in it, how can the others evict them?

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If 3 siblings own their deceased mother’s home and 1 lives in it, how can the others evict them?

Right now, 1 lives in it, 1 pays the bills and taxes and lives in another state and chooses not to have much to do with the property. The sibling paying for everything wants to evict the one living in the house because it is being destroyed and devalued and some criminal activity may be taking place. What is the best course of action for the sibling wishing to evict?

Asked on September 2, 2015 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't evict an owner, so if all three siblings are owners, none can evict any of the others. If they can't decide on what to do with the home, one or more of them can bring a legal action commonly called an action for partition asking a court to order that the home be sold and the proceeds of the sale distributed among the owners--that is the only way to resolve the situation, the siblings cannot among themselves agree to a course of action e.g. one buying out the others. This sort of action can be procedurally complicated to bring, so it is recommended that an attorney be retained to help.


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