Can a sibling move a grandchild into a house that is heird with other siblings?

UPDATED: Oct 1, 2022

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Can a sibling move a grandchild into a house that is heird with other siblings?

My mother passed without a will and there are 3 siblings. My sister and I have
been paying all the bills associated with the upkeep of the house,for example,
taxes, yard, electricity. We also paid my mother’s funeral expenses the policies
that were used were made out to me as the beneficiary. It’s been 4 years since
her death and he placed his grand-daughter in the house without our
permission. Supposedly it was to have been for 4 months, now it’s been 6
months. The house was on the market to sell, but his friend is the agent. He is
completely ignoring our request to move her out. He threatened to sue us for
which he claims disrespecting his family during the funeral preparations–which
is all a complete fabrication on his part. Since the property is only worth
60,000, what can we do? We thought about a mediator–what would you

Asked on January 29, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any owner of property can either him/herself live in it or move any person (including a child or grandchild) into it; every owner has the right to use and occupy the property. 
You may need to file a legal action or lawsuit for "partition" (that's the traditional name; your state may call it something else): an owner of property can ask the court to order the sale of the property and the distribution of the proceeds of the sale (after paying mortgage, liens, cost of court and of sale) to the owners. This is the law's remedy for when the owners of property cannot agree as to what to do with it. If you get the court order, the sale will have to be done. This kind of lawsuit can be complex for non-lawyers; you are advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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