Ask Experts Questions for FREE Help !
Ask
    mannaz48's Avatar
    mannaz48 Posts: 3, Reputation: 1
    New Member
     
    #1

    Feb 11, 2013, 09:20 PM
    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?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #2

    Feb 11, 2013, 09:31 PM
    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?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Feb 11, 2013, 10:55 PM
    If you are not listed on deed, you have no rights to house,
    They may evict if they wish
    mannaz48's Avatar
    mannaz48 Posts: 3, Reputation: 1
    New Member
     
    #4

    Feb 12, 2013, 07:15 PM
    I am one third owner listed on warranty deed.
    mannaz48's Avatar
    mannaz48 Posts: 3, Reputation: 1
    New Member
     
    #5

    Feb 12, 2013, 07:18 PM
    I am one third owner of the property. They will not pay any ins, taxes, utilities for pool, or upkeep.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Feb 12, 2013, 07:27 PM
    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.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #7

    Feb 12, 2013, 07:29 PM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #8

    Feb 12, 2013, 07:48 PM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Limited warranty deed vs. A general warranty deed [ 1 Answers ]

I am buying a piece of property in order to build a home on in the future. The seller will be providing a Limited Warranty Deed vs. a General Warranty Deed. Is a lender or bank going to have a problem with this when I go to get my construction loan? Is there something I should know or ask before...

Difference between a warranty deed and a limited warranty deed? [ 1 Answers ]

What is the difference between a warranty deed and a limited warranty deed?

Transfer of Warranty of Deed upon death of co-owner [ 2 Answers ]

My Mother transferred her house from herself alone to both she and I by registering a new Warranty Deed in her county (in Nebraska). At the time she executed the transfer, she explained to me that she was doing this so that the property would transfer to me upon her death rather than have to...


View more questions Search