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I now of a situation where 3 people are on the house deed.

 
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Customer Question

I now of a situation where 3 people are on the house deed. Two of the 3 is allowing a family to stay in the house rent free indefinatly. The family is confrontational and violent. Does the other One on the deed have any say so or recourse to get the Family to move out ...evicted?

 

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Province/Territory relating to question: Manitoba

Submitted: 292 days and 1 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

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Expert:  Debra Thal replied 291 days and 18 hours ago.


Debra Thal (username) :

Are the three equal owners?

Debra Thal (username) :

Why is this being allowed?

Debra Thal (username) :

Do the three also live in the house?

Debra Thal (username) :

What do you mean by violent?

Debra Thal (username) :

Please explain a bit more.

Customer :

The extroverted Sister's Daughter and Husband and Kids that had left to go to another province for better Jobs. They came back, things went wrong and moved into the house. The house is not that big and the extroverted Sister also had Her Son and His wife and 2 month old baby and child living with her in her basement suite already. The extroverted Sister's daughter listentened to the introverted Sister and took her side against her mom. They got together used verbal abuse and threats twice the RCMP needed to be called to calm things down. Needless to say this was hard on the Son's wife with the new baby. The Introverted Sister and the daughter kept demanding that they all get out of the house and gave them 2 weeks verbal notice to get out of the house as punnishment for alleged missuse of the elderly moms funds. To keep the peace the extroverted Sister her Son and family moved out and rented a place to drop the stress. She is now paying high rent needlessly until the situation is corrected.

Customer :

The extroverted sister does not really want to sell her share but feels caught in a mess. She would like to rent her basement suite out so she has some revenue coming and eventually move back into her House. Naturally the Daughter and husband wants to move into the basement suit themselves as soon as the area is completely vacated by the Extroverted sister. So they don't want her to rent it to someone else and are fighting against the idea. Since the daughter and husband are not on the house deed but are said to be a guest of the Introverted sister Can the Extroverted Sister who is on the House deed give notice to the troublemaking daughter? In a 3 party deeded house can a single party evict someone even if it is nota unaamous decision?

Customer :

If one person on the house deed is against renting to the public does that stop the other person on the house from doing so ?

Debra Thal (username) :

The site says you are still typing and I don't want to cut you off.

Debra Thal (username) :

I just want to make sure you are still typing and not waiting for me to reply.

Customer :

done

Debra Thal (username) :

OK

Debra Thal (username) :

I am sorry to hear of this difficult situation.

You would need all owners to agree to rent the house to the public.

Debra Thal (username) :

The tenancy agreement/lease should be with all owners.

Debra Thal (username) :

If one person is against this he/she could evict try and evict the tenant.

Debra Thal (username) :

Do you think a mediator could help you all out?

Debra Thal (username) :

The problem here is that if one of you wants out and the others cannot afford to by this person out and the person goes to Court the Court would order the house be sold.

Debra Thal (username) :

So as there are ongoing conflicts it seems to me that your best bet is to work things out both short and long term going forward.

Debra Thal (username) :

But just going back to the eviction issue, one of you cannot force the other to get her own family out.

Debra Thal (username) :

So there is a distinction between renting to the public and having your own family in your house.

Customer :

Is immediate family also nieces and nephews?

Debra Thal (username) :

It's not about immediate family but about what one can do with one's home.

You cannot rent to strangers if one person objects.

In terms of who can live in your home, when one owner objects, depends on the facts and essentially, I would be concerned that if this went to Court the Court could say that the house should be sold.

At the same time it's about reasonableness.

So if instead of your being sisters, think of how it would be if a husband and wife owned the house. Could one say their mother could live there? Could one say they are renting part of the house to strangers when the other objects?

Do you see what I mean?

There is no black and white.

But if it gets to the point that there is unresolvable conflict a Court would most likely resolve it by ordering the sale of the house.

Customer :

I follow......thanks for your time.

Debra Thal (username) :

You are very welcome.

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.2 %
Accepts: 37290
Answered: 6/23/2012

Experience: Lawyer

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