Residential Sibling Dispute

[AtlJustice]

Hello,
My father passed away about 8 years ago in 2012. My father was allowing my sister (only sibling), to stay with him temporary until she could get back on her feet. He passed while she was still staying there and she has been living there ever since. Recently we agreed she would move out and that we would rent out his home and share the profits. Now she is refusing to move and we cannot agree on what to do with the home. Do I need to file for a petition of partition? The condo is worth at least 250k. My understanding is I would lose alot of money through hire a lawyer and getting a partition. Is there any way I can legally get her to be removed from the property so we can just sell the place full price?

 

[quincy]

Hello,
My father passed away about 8 years ago in 2012. My father was allowing my sister (only sibling), to stay with him temporary until she could get back on her feet. He passed while she was still staying there and she has been living there ever since. Recently we agreed she would move out and that we would rent out his home and share the profits. Now she is refusing to move and we cannot agree on what to do with the home. Do I need to file for a petition of partition? The condo is worth at least 250k. My understanding is I would lose alot of money through hire a lawyer and getting a partition. Is there any way I can legally get her to be removed from the property so we can just sell the place full price?

Would your sister pay you rent to stay in the house? Can your sister afford to buy out your half of the house?

 

[Ohiogal]

Was the property put in your names?

 

[adjusterjack]

Is there any way I can legally get her to be removed from the property so we can just sell the place full price?

No.

Anything you do now is going to cost you. This should have been addressed immediately upon the death of your father. If you want to resolve this you may have to get a loan for half the value of the condo and buy her out, unless you have the cash to do it.

Let this be a lesson to you and anybody reading this. Never leave property jointly to your heirs. This kind of thing happens all the time.

 

[zddoodah]

My father passed away about 8 years ago in 2012. My father was allowing my sister (only sibling), to stay with him temporary until she could get back on her feet. He passed while she was still staying there and she has been living there ever since. Recently we agreed she would move out and that we would rent out his home and share the profits.

I assume your father owned his home. Correct? Who now owns the property? Did and/or your sister probate his estate? Did he have a will? If so, what did the will say about the home or about who gets his estate in general?

Do I need to file for a petition of partition?

That depends on how you answer my questions above.

 

[AtlJustice]

Was the property put in your names?

The property is in both our names

 

[Ohiogal]

Then she owns half of it. If you want to sell and she doesn't want to do so, you need to file a partition suit. Since she owns the property you are going to have an issue evicting her.

 

[MamaBear51]

You could tell her that if she wants to stay she then she is considered the tenant and that she'll have to pay you your half of the rent. Just my two cents. Maybe an estate lawyer could give you some free advice too.

 

[zddoodah]

The property is in both our names

Then partition is your recourse, and I agree with the last paragraph of "adjusterjack's" response.

 

[zddoodah]

You could tell her that if she wants to stay she then she is considered the tenant and that she'll have to pay you your half of the rent.

While it is true that the OP "could tell her that," the sibling would not be "considered [a] tenant" in the eyes of the law. The sibling is a joint owner of the property. While it is true that a joint owner who possesses the property and excludes the other joint owners must account to the other joint owners for the property's fair market rental value, the joint owners are still equally liable for expenses. If the OP's sister is paying all expenses, then any liability to the OP may very well net to zero.

 

[STEPHAN]

You could tell her that if she wants to stay she then she is considered the tenant and that she'll have to pay you your half of the rent. Just my two cents. Maybe an estate lawyer could give you some free advice too.

She is not a tenant. She is an owner.