What can we do if my husband and I are buying his grandmother’s house but her daughter will not leave?

UPDATED: Sep 30, 2022

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What can we do if my husband and I are buying his grandmother’s house but her daughter will not leave?

About 4 months ago, it was decided that my husband and I would buy his grandmother’s house to help her with her expenses. She told her daughter at that time that she had until the end of this month to move out. Her daughter has no legal ties to the house and doesn’t or pay any bills or rent. She has said that she will not be leaving for another 2 months. Since my husband’s name is also on the title of home, does he have the right to kick her out at the end of the month. How do we go about this?

Asked on February 22, 2017 under Real Estate Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, since your husband is already listed as one of the legal owners, he and his grandmother have the right to evict his aunt. Since she has no lease and pays no form of rent (not even utilities, etc.), then she is a guest and can typically be given a 3 day notice to vacate the premises. If she fails to remove herself, then they will need to file for an "ejectment" (this is like an eviction but for a guest instead of a tenant). At this point, he really should consult directly with a local attorney who specializes in land-tenant law, as they can best adivse him how to go about this.

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