If I currently reside in a house that was owned to both of my parents as stated on the taxes, can my sibling evict me?

UPDATED: Sep 2, 2014

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If I currently reside in a house that was owned to both of my parents as stated on the taxes, can my sibling evict me?

My mother is presumed dead as she has been missing for over 40 years and my father died 25 years ago. There is no Will and I have shared the inheritance with my 3 other siblings. However, 1 of my siblings is threating to evict me out of the house. Are they legally entitled to do this?

Asked on September 2, 2014 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are an owner, then you may not be evicted by another owner or even by a majority of other owners; an owner has the right to occupany, possession, and use. However, it may be possible for other owners to compel the sale (such as by filing a lawsuit/going to court) of the home if all of you cannot agree as to what to do with it--in those case, a court would typically order the sale and the proceeds to be distributed. If you have been getting the value of living there rent free and other siblings have not, it is possible that your share of any proceeds would be reduced to reflect the "free rent" you have already received.

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