Can I avoid eviction by buying co-owners half of property

[jbbrooks]

What is the name of your state (only U.S. law)? Alabama

The situation is this, I have been living in a home for about a year now. The original owner died and left the house to his two daughters equally (each step sibling 50/50). The two daughters are also co-executors of his estate. One of the co-owner wants me and my family to remain here to take care of the property as we have been until the property is sold (wanting to offer us first chance to purchase) but is not willing to sign any contract now due to fear of getting in trouble because the other co-owner wants her to give the home completely to her (which she wont do because her step sister took all the money out of the estate account for herself). A few days ago I received an unlawful detainer/eviction notice fro the sister that doesn't want us here.
My question is, can I buy one co-owner/co-executor's half of the property interest and will this stop the eviction. I understand that I may be forced to sell by the other owner,even owning the 50% interest, but until then will it allow us to continue to inhabit the property.What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

What is the reason for the notice? For example, failure to pay rent, breaching a clause in the lease or (in the event that there is no lease), a notice to terminate the month to month tenancy?

The real issue is why the eviction notice, not the fact that you want to buy half a house.

Gail

 

[jbbrooks]

Trespassing and destruction of property is what she has on the unlawful detainer. She (the co-owner evicting) doesn't want us here and has been trying everything to force us to leave the whole time we've been here.

I believe the destruction of property claim is from removing debris and disregarded furniture/household items while renovating. They came and got everything after their father died and left all the trash, broken items, and junk which had to be removed before repairs could be started.

I really need to know if I can in fact purchase the co-executors half and if it will entitle me to stay on the property until sold.

 

[tranquility]

Yes and no. Owners have the right to possession. If you were an owner, you have the right to stay there. Permission from an owner is good enough as well.

But, you have two problems. The first is that the property is in the estate. The estate is the owner and the estate has two people making decisions. You will not be able to buy any property from the estate without agreement from the parties. All you can buy from one is an expectancy interest.

The second is that you are not being challenged for JUST being there without rights, but ALSO for waste. Even an owner can be evicted for waste.

 

[jbbrooks]

Thanks everyone for your assistance.

 

[justalayman]

if the property is still in probate, the sisters that will be co-owners can do nothing as themselves. They can only act on your tenancy in their capacity as executors.