Can I have him evicted?

UPDATED: Sep 30, 2022

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Can I have him evicted?

After the death of my father, my brother has been living in a house that he is a quarter owner of. He has not paid any rent or taxes. As another quarter owner of this house and farm property, I have paid the taxes for the last 5 years. My other 2 brothers, also co-owners would like to keep the property, but cannot continue to support him.

Asked on January 10, 2017 under Real Estate Law, Pennsylvania


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

Answered 6 years ago | Contributor

On eowner cannot evict another. However, when co-owners of property cannot agree as to ownership matters the law provides a remedy known as "partition" (assuming the title to the property is now in yours and your siblings names). This means that any of you can force a sale. With a partition, if the property can be divided, then the court will instruct that it be done. However, if the property cannot be divided (as in the case of a single family house), then the court will instead order what is known as a "sale in lieu of partition". This means that the property will be sold and the proceeds equitably distributed among all of the owners. That having been said, before a sale would be ordered, all co-owner(s) would be given the right to try and negotiate a buy out of the other co-owner(s). At this point, you may want to consult directly with a local real estate attorney. 

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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