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Family members living in property/no lease/eviction

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Saddee

Junior Member
Texas. In April 2002 I purchased a condo for my mother. I agreed to pay the mortgage and she was responsible for utilities,Homeowner'sAssoc dues and upkeep of property. 6 months later my brother moved in. In March of this year I told the two of them that they would have to assume responsibility for the mortgage if they were going to continue to live there. They verbally agreed. Payments were made for May and June. July has not been received.
I have also discovered they are $450 in arrearage for property dues.
I have determined that I will need to sell the property.How do I need to proceed legally to regain control of the property and prepare it for resale?
 


nextwife

Senior Member
If they have neither any legal interest in the property, nor any leases, you can provide proper 30 day notice in accordance with your state's Landlord/tenant laws and evict them.
 

JETX

Senior Member
Saddee said:
How do I need to proceed legally to regain control of the property and prepare it for resale?
How EXACTLY is the property titled??
If the property is SOLELY in your name, you can simply proceed with the normal eviction process (notice and lawsuit, if needed).
However, if the property includes ANYONE elses name... you will need to make sure that they agree (hopefully in writing) to your actions.
If you can't get the permission of the other co-owners.... then you will need to consider a 'partition' lawsuit and have a court order as to the actions to take. This will require the services of a competent local attorney.
 

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