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    darlinco1's Avatar
    darlinco1 Posts: 1, Reputation: 1
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    #1

    Jul 24, 2012, 10:11 AM
    Eviction
    My mother passed away Dec.1,2011. My sister and I were left her estate to be split 50/50. I wanted to sell, she wanted to hold on to it. The property is in Co. and I reside in Ga. Upon my mothers death, I gave my sister and her boyfriend permission to stay there "temporarily" as a stepping stone until she got on her feet. With the conditions that she was to keep me informed, also, she was not to alter anything without my consent. Now seven months later, she is still there hasn't called me to let me know what's going on with the house.. no rent which I also asked her to pay. In the amount of 175.00 mo. The house has been through probate and now I've had to fly to Co. to get her out and get the house sold. What are my options and rights in this matter.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 24, 2012, 11:45 AM
    You can't evict her, she is 1/2 owner of the home, it was left to you and her in the estate.

    Next she did not need "your permission" to move into the home that she is 1/2 owner of.

    You can try to use the court to force her to allow the sell.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 24, 2012, 11:51 AM
    Where did you get the idea that she needed your permission to occupy a house she owns half of? Or that she had to pay you rent? Or that you could evict her.

    Has moms's will been probated? Who is the executor of the estate? Was there enough assets in the estate so that your sis could get the house and you get equal value from other assets?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 24, 2012, 11:53 AM
    Quote Originally Posted by darlinco1 View Post
    ... no rent which I also asked her to pay. In the amount of 175.00 mo. the house has been through probate and now I've had to fly to Co. to get her out and get the house sold. what are my options and rights in this matter.
    You didn't have the right to ask a co-owner to pay you rent.

    Don't fly to Colorado just yet. Unless you are able to persuade her to move out and agree to a sale, you will be wasting the trip. First, contact an attorney there and ask about bringing a partition action against her. What that would mean is the court would order the home sold, and the proceeds would be divide among you.

    I don't understand why you agreed to take a half undivided interest from the probate estate. Unless two people are living together in a jointly owned property, that's asking for trouble, usually.
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