locked-out

[lilfranny]

prelude: california residence, both sister own house, one sister locked-out other sister, what recourse does locked-out sister have

scene one
the players: older sister is 65y, married, lives two blocks away, one-third owner, rarely visits house; little sister, 62y, married, lives 800km away, one-third owner, lives in house about week / month when visiting grandchildren nearby, has separate bedroom in house, assists with maintenance / utilities; baby brother, 60y, one-third owner, single, primary resident, responsible for insurance / taxes, recently had brain attack, currently in convalescence home

older sister locked-out little sister, and moved 28y-old, single daughter into house; little sister upon visiting house paid locksmith for keys with police present; unable to contact older sister at her house, older sister daughter vehicle present at house; however, daughter was away when police searched house post locksmith opening house; little sister was unable to stay as older sister daughter trashed house: outdoor - hose cut / ripped from spigot; light fixture with broken glass panels; indoors - bathroom used by little sister shower fixture ripped from wall, cigarette butts / clothes / trash strewn in every room, house has foul order, telephone disconnected, water shut-off in house

little sister has house keys; what recourse does little sister have in removing older sister daughter, prevent older sister from again locking her out

 

[sandyclaus]

california residence, both sister own house, one sister locked-out other sister, what recourse does locked-out sister have

If she co-owns the house, then she can call the police and have them direct the other sister to provide her access.

Or she could just hire a locksmith to open the door for her and re-key the locks (the expensive but efficient way), or she could simply bust open a window or break down a door to gain access (easy, but then she'd end up having to replace the window or door).

 

[CdwJava]

california residence, both sister own house, one sister locked-out other sister, what recourse does locked-out sister have

Ditto sandyclaus.

Assuming that the locked-out sister is not just an owner but also a resident, then she can do whatever she wants to get into her own home.

If the sisters are having difficulties, perhaps it is time for them to discuss one sister buying the other sister out.

 

[lilfranny]

locked-out, scene one

the players: older sister is 65y, married, lives two blocks away, one-third owner, rarely visits house; little sister, 62y, married, lives 800km away, one-third owner, lives in house about week / month when visiting grandchildren nearby, has separate bedroom in house, assists with maintenance / utilities; baby brother, 60y, one-third owner, single, primary resident, responsible for insurance / taxes, recently had brain attack, currently in convalescence home

older sister locked-out little sister, and moved 28y-old, single daughter into house; little sister upon visiting house paid locksmith for keys with police present; unable to contact older sister at her house, older sister daughter vehicle present at house; however, daughter was away when police searched house post locksmith opening house; little sister was unable to stay as older sister daughter trashed house: outdoor - hose cut / ripped from spigot; light fixture with broken glass panels; indoors - bathroom used by little sister shower fixture ripped from wall, cigarette butts / clothes / trash strewn in every room, house has foul order, telephone disconnected, water shut-off in house

little sister has house keys; what recourse does little sister have in removing older sister daughter, prevent older sister from again locking her out

 

[CdwJava]

It sounds like the sisters need to get together and either agree on rules to the property or one has to buy the other out. There's not likely to be any way for either sister to force the other to do what they want. They both have equal rights to the home, and that means they each have an equal right to watch it rot to the ground should they choose. If the house is becoming a firetrap or potential liability, the younger sister may want to consider deeding the property to the older sister to avoid future legal liability for damages, taxes, repairs, etc. The younger sister might also consider consulting a real estate attorney who can advise her how best to proceed given this scenario with everyone being a co-owner and the primary supporter of the residence in a care facility. Conceivably, taxes and insurance may lapse if the little brother is no longer capable of taking care of them.

I suspect this is a home that they all three inherited from a deceased parent? If so, I imagine it is relatively old. At some point there will come a time for repairs, and before it can be sold there may have to be a LOT of work done on it if it has not been upgraded in the past decade in some way. The younger sister may want to consider her liability or that of her heirs should she continue to maintain her part of this home - especially if the older sister seems to be okay with it getting trashed.

 

[lilfranny]

locked - out

thank you all, little sister has checked house twice, apparently big sister daughter abandoned house, still has keys to house

 

[OHRoadwarrior]

She is free to do so. She is also free to come back when she chooses. That is the joy of co-ownership. In addition to trashing the place and making another owner pay for the repairs if they choose to live there. Buy a cot and a lantern for your visits.