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sheila01 · Apr 1, 2011, 11:18 AM

Sister running a business from our house,we all part own the house,But she does not pay us rent does she not need our promission to do this. The house is up for sale and she won't move because of her business and because she is using the address for her business. Sister say's she can't afford to move.
We have to pay bills and a mortgage for our house.

What can I do

JudyKayTee · Apr 1, 2011, 11:25 AM

Evict her according to the laws of your sTate IF the property is deeded in your name. If the property is deeded jointly with your sister, then it's another "story."

sheila01 · Apr 1, 2011, 12:10 PM

It is jointly owned but me and my brother have a sale on the house. My main problem is if she is running a small business should we not have a say in it
Please Advice as we don't want her to run a business from this,debts might be pilling up and we won't know

JudyKayTee · Apr 1, 2011, 02:00 PM

When you say it's jointly owned is your sister one of the owners?

If so and she is running a legal business (complete with zoning and insurance) I don't think you can stop her.

You and your brother are selling the house without her consent? You say it is jointly owned (indicating your sister owns a share) but you say your brother and you are selling it (and don't mention your sister).

Debts from HER business will only affect the house IF she doesn't pay the debts and someone liens against the property following getting a Judgment against her. If she is a co-owner any legal responsibility could cause a lien to be filed - a car accident, a credit card, anything else.

I'm not sure that the debt question is what concerns you. What is the real problem here?

ScottGem · Apr 1, 2011, 03:57 PM

If she refuses to agree to the sale, you would have to sue her to force a sale. The fact that she is running a business has little to do with this. Businesses can be moved.

If she refuses to agree to the sale, then ask her to buy you and your brother out.

excon · Apr 1, 2011, 05:25 PM

Originally Posted by sheila01

My main problem is if she is running a small business should we not have a say in it

Hello s:

You have NO say in her business.

excon

joypulv · Apr 2, 2011, 04:10 AM

How did you manage to put the house up for sale without her signature? Are you selling without a broker? At some stage of the negotiations it will grind to a halt. As stated, you have to sue first.

What small business, and how is it affecting you? Taking up extra space, and people in and out?
You could report her to the state if her business isn't licensed, and to your town if your address is not zoned for small business. Drastic measures to take against a sister if she's just selling Tupperware and Amway. If she's doing hairdressing or something, that's different, but I would warn her instead of reporting her.

Fr_Chuck · Apr 2, 2011, 04:56 AM

If sister will not agree you don't have the house up for sale, and could actually end up in legal trouble with someone if you sign a contract to sell.

The sister will have to agree to sell the house.

Since she is part owner, you can not evict her, and can not force her to move. You will have to even go to court to try and force her to sell the property.

But from the business side, what type of business, does she have a business license, if she has a busienss that requires customers to come to the house, has it been zoned for business.

JudyKayTee · Apr 2, 2011, 07:51 AM

I'm wondering why the sister as a part-owner would pay the OP (and his/her brother) rent on the property.

AK lawyer · Apr 2, 2011, 09:14 AM

Originally Posted by Fr_Chuck

... Since she is part owner, you can not evict her, and can not force her to move. You will have to even go to court to try and force her to sell the property.
...

Technically it wouldn't be eviction. It would be partition. Get an attorney.

sheila01 · Apr 4, 2011, 10:52 AM

She agreed to put the house up for sale she was the one who signed all the paperwork from the estate agency, problem was she didn't think it would sell as quick. We have a sale and she was fully updated on the sale and agreed,she wants to stay in the house till July because of her business she has started an advertising booklet that goes out every month using our joint address. This will affect us because she is not paying any bills in the house is all still in my dad name and he died 10 months ago.
We could end up with all the bills. My sister has already gone bankrupt 3yrs ago she remorgaged and within 2 weeks went bankrupt. May be this is why she won't sell now because what she will get may come back and haunt her banks will be watching her bank account.