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-   -   Do you have to legally evict family if there was no lease agreement? (https://www.askmehelpdesk.com/showthread.php?t=359611)

  • May 30, 2009, 03:34 PM
    TerraineM
    Do you have to legally evict family if there was no lease agreement?
    I have siblings in the home that my mother and I are owner-co-owners on in the state of Missouri. My mother died in 1997 and left me as the sole owner responsible for the debt. I now live in Texas and from 1998-to the present, my dad when until his death, sisters and brother were paying the mortgage. I explained to them that I have a family here in Texas and my husband and I wanted to look for a home and I gave many opportunities for them to assume the mortgage or pay it off and I would gift the home. None of them wanted the home but still want to live in it. I had an agent go by to see the home, because after getting the runaround, I sent a notice voiding the options I gave and decided instead to sell the home and I was willing to split whatever proceeds because I didn't know if they could later come back and sue me for their portion of our mother's home. After having a real estate attorney look into how the contract of the home was purchased I found that I just needed her death certificate. When I told my siblings this and told them, of course throughout 2008 into 2009 that the house was going to be sold and that any proceeds would not be split because the home was in such bad shape it was suggested to not put on the market, but to call an investor. I did. I have communicated throughout this whole process and they were paying the mortgage until they failed to tell me they didn't for two months. Then I was really upset. I told them they needed to remove their belongings because the house needed to be empty, they still have their items in the house and even have moved from the home, but want to keep it as a storage. Do I have to legally evict them going through the process even though there was no lease agreement?
  • May 30, 2009, 03:47 PM
    ScottGem

    Yes, They have established residency and therefore must be formally evicted.
  • May 30, 2009, 05:47 PM
    TerraineM
    Quote:

    Originally Posted by ScottGem View Post
    Yes, They have established residency and therefore must be formally evicted.

    Thanks for responding. It was indeed helpful. Very frustrating though, could be why they are not removing their things out of the house. Really wanted to avoid having to go through this, but, I guess it is inevitable. Thanks again, you were most helpful.
  • May 31, 2009, 04:40 AM
    ScottGem

    Good luck

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