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masaf · Dec 6, 2006, 12:22 AM

My mom has lived with my brother and his wife ever since they bought the house (almost 20 years). My mom is not listed as one of the legal owners.
1.Does she have any rights as to who can visit her and when?
2.Even if she does not pay rent, does she have at least some kind of legal protection to stay there opposed to being kicked out?
3. Can my mom's daughter-in-law unilaterally kick my mom out if my brother is also one of the owners?

Thanks a bunch.

ScottGem · Dec 6, 2006, 07:04 AM

The answer for all three is basically No. Since she pays no rent and did not contribute to the purchase of the house (I'm assuming since you didn't mention it) she is essentially a guest. Guests have very little rights except those granted by the hosts. However, since you brother is a part owner, the daughter-in-law just can't throw her out.

What I would strongly suggest is that your mom speak to an elder care professional. She should be able to find one through a local senior center. They can better advise her of her rights in this situation. They could vary depending on locality.

LUNAGODDESS · Dec 6, 2006, 07:18 AM

If, your brother and your sister in law want mama out then she is out. Question did mama help with the down payment for the home? Your brother cannot tell your mama that she cannot have company. If, he is telling her that she cannot have company that is abuse and you need to step in and take care of mama.

ScottGem · Dec 6, 2006, 07:21 AM

I must disagree and agree with Luna here. The owner of the house can certainly impose their will on who can enter the house.

But, keeping your mother isolated could be considered abusive and your local Family Services agency, would take a dim view of it.

masaf · Dec 6, 2006, 11:38 AM

Thanks for the answers. I didn't realize the abuse angle in this which is important because it effects her emntal health.

s_cianci · Dec 10, 2006, 06:54 PM

1. No
2. Unless your brother is her court-appointed guardian, no.
3. No. Your brother and daughter-in-law would have to legally evict her.

I gather from your post that your sister-in-law wants your mother out of the house while your brother doesn't necessarily feel the same way. As a guest in your home, it'd be pretty hard for her to assert any specific rights regarding who can visit her in the home. I gather your sister-in-law doesn't want you going over there? Legally, if your brother consents to you visiting, your sister-in-law can't keep you away unless she had a restraining order against you. And your mother can't be evicted unless your brother and sister-in-law jointly take action. Normally an eviction requires 30 days notice ; that would be the lead time for your mother to find a new place to live. It sounds like your brother and sister-in-law are butting heads over you and your mother. If that's the case, then this isn't something that's going to be settled in the courts.

masaf · Dec 10, 2006, 11:03 PM

Thanks for the feedback.

Larjada · Jun 8, 2007, 06:07 AM

Originally Posted by masaf

My mom has lived with my brother and his wife ever since they bought the house (almost 20 years). My mom is not listed as one of the legal owners.
1.Does she have any rights as to who can visit her and when?
2.Even if she does not pay rent, does she have atleast some kind of legal protection to stay there opposed to being kicked out?
3. Can my mom's daughter-in-law unilaterally kick my mom out if my brother is also one of the owners?

thanks a bunch.

What is your brothers position, in this matter. This is a legal matter. You can get free legal aid for your mother if she cannot afford a lawyer.