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Cool 56 · Feb 11, 2010, 07:21 PM

9 years ago after our father passed away my sister & her family moved into the house to manage the rental apartments & storage spaces. She began to use the money for alcohol and we had to take over the management of the property. We now need to rent out the house in order to protect our property.

ScottGem · Feb 11, 2010, 07:24 PM

Sorry, but you can't evict a part owner.
You have to buy them out.

Fr_Chuck · Feb 11, 2010, 07:42 PM

Agreed, a part owner can not be evicted.

Cool 56 · Feb 11, 2010, 08:19 PM

Can she be bought out without her consent? Or without her wanting to be bought out?

Cool 56 · Feb 11, 2010, 08:20 PM

I have a hard time believing there is not precedent about stopping someone who could actually make us lose the property.

ScottGem · Feb 11, 2010, 10:30 PM

Believe it! You can try to take her to court to force her to accept a buyout. No guarantee you will win.

smoothy · Feb 12, 2010, 08:17 AM

A "Partition Lawsuit" I believe the term is...

I'm no lawyer but the more I study up on this landlord tenant stuff... the only way I'd go into any partnership with something like this is with an LLC that holds title and have specific provisions dealing with such things codified in the agreement.

Because it all boils down to CYA in any way you can. And yeah.. even family can do this to you as the OP has found out.

AK lawyer · Feb 12, 2010, 12:18 PM

Originally Posted by Cool 56

Can she be bought out without her consent? Or without her wanting to be bought out?

Yes. As Smoothy has said, the action is for partition. It means that you go to court to get the court to order that the property be sold. And it could be sold to you if you offer the best price.

Fr_Chuck · Feb 12, 2010, 07:02 PM

Yes, what needed to happen was the will should have been more specific about it being sold, or one person to be manager of the property and so on.