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-   -   Eviction of warranty deed owner (https://www.askmehelpdesk.com/showthread.php?t=733713)

  • Feb 11, 2013, 09:20 PM
    mannaz48
    Eviction of warranty deed owner
    My brother and sister are joint owners of a house left by my mother with a warranty deed with rights of suvivorship. I have moved into the house with my daughter and her husband. My daughter was my mother's caretaker and live help for 6 years prior to her death. We provided all the care and upkeep for the house so that my mother could stay in the house until her death at age 94. They say they want to sell the house but won't list it until we move out. I would like to keep the house because I don't have a house. They both own homes. Thiseviction is unnecessary to sell house. I sent realator papers for them to sign and they refused to sign unless we were out. I think they want to move his son and my sister back in the house and not sell at all. This leaves me and my children without a place to live. I am disabled and have very limited income to fight them.What are my rights? Doesn't taking care of my mother for all those years mean anything? Do I have to move?
  • Feb 11, 2013, 09:31 PM
    LisaB4657
    If you are not listed as an owner of the property then unfortunately you have no rights to the property other than as a tenant. They can do whatever they please with the property once you have moved out, including selling it, renting it or moving in other relatives. They also have the right to have you evicted if you do not move out voluntarily.

    Have you tried talking to them about you continuing to live in the house as a tenant at a nominal rental amount?
  • Feb 11, 2013, 10:55 PM
    Fr_Chuck
    If you are not listed on deed, you have no rights to house,
    They may evict if they wish
  • Feb 12, 2013, 07:15 PM
    mannaz48
    I am one third owner listed on warranty deed.
  • Feb 12, 2013, 07:18 PM
    mannaz48
    I am one third owner of the property. They will not pay any ins, taxes, utilities for pool, or upkeep.
  • Feb 12, 2013, 07:27 PM
    ScottGem
    Quote:

    Originally Posted by mannaz48 View Post
    I am one third owner listed on warranty deed.

    You did not make that clear in your initial post. They cannot evict you if you are a partial owner. However, they could try force you to agree to the sale in court.

    What you need to do is figure out what the expenses for the upkeep of the house are. You then bill your siblings for their share of the costs.

    You can then offer to buy them out using what they owe to offset the 2/3 share of the purchase price they are entitled to.
  • Feb 12, 2013, 07:29 PM
    LisaB4657
    You didn't mention earlier that you are an owner of the property.

    You cannot be forced to move out of the house unless the house is to be sold. They cannot move anyone else into the house without your agreement.

    They are responsible for 2/3 of the cost of upkeep of the property, including taxes. However if they pay their share of those costs then they are entitled to 2/3 of the reasonable rental value of the house if you or anyone else lives there.

    Can't you all reach some agreement where you continue to live there? Maybe if they forego any income and you be responsible for payment of all costs?
  • Feb 12, 2013, 07:48 PM
    AK lawyer
    Quote:

    Originally Posted by mannaz48
    Doesn't taking care of my mother for all those years mean anything?

    No, not really.

    Quote:

    Originally Posted by mannaz48
    Do I have to move?

    No. Not until they sue for partition and get some sort of a court order.

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