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janerm · Jul 22, 2010, 02:52 AM

Can an else brother be evicted from his late mothers home by his siblings, when he cared for his late mum before she died?

cdad · Jul 22, 2010, 10:24 AM

Who owns the home at this time?

janerm · Jul 22, 2010, 10:51 AM

Probate is completed in two weeks and the home is to be sold then my partners brother, sister and himself will get a share from the proceeds from the sale of the house when it is sold. My partner has been living in the house before I met him last year, I moved in last August and helped to care for his mum with him. Now his brother and sister are pestering us to be out of the home as soon as, within next week, and we are getting married on 3rd September. Also we put in for a council house but they have turned round and said they are putting this on hold for 12 months, as my daughter was living in my flat under my tenancy and caused a lot of problems there. They say it was my responsibility to make sure all was OK there. So I gave my flat up to stop any more trouble there. We are finding ourselves now homeless because of my partners siblings wanting us out straight away. My partner is the oldest of the three, but his brother has had total handling of his late mums estate. I would like some advice please and thank you for taking the time to look at this.

ScottGem · Jul 22, 2010, 10:55 AM

An owner can't be evicted. However, there is a kicker here, since until probate is complete and the deed has been transferred then the estate owns the property and the executor can act for the estate.

However, I doubt if an housing court will issue an eviction under these circumstances.

cdad · Jul 22, 2010, 10:57 AM

If the home is to be sold then you have to plan on moving. Your other option is to see about renting the home at market value until the economy turns around or look into buying the home outright by buying out the other partners in the home.

janerm · Jul 22, 2010, 11:24 AM

Thank you for all your replies, because my partners siblings want their share from the proceeds of the family home then we are not in a position to buy the others out I'm afraid. Also we have not ot the means to buy he house outright. But thank you all for your advice I am very grateful.