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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Do I have a rightful claim against two co-tenant in commons,

Customer Question

Do I have a rightful claim for ouster against two co-tenant in commons, sisters, if I asked to get into the property and they refused and when I set up a time to meet with them at the local library and reserved space they didn't show up. Each time I went to the condo I found they had changed the locks. They moved my mother out who was a co-tenant in possession by agreement and left all her furnishings in the house and continued to maintain possession as if my mother was still living there. My mother died a year ago and they continued to maintain possession and would not let me in and kept changing the locks. It is a 2 story and no window access. What current case law would support my claim?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Is the home under a trust, or is it owned outright by you, your mother, and your sisters?

2) Did you ever live there and if so, did they also place your things out/lock you out? Or, simply deny you the ability to enter the property?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
Condo was owned by me my and my mother as a tenant in possession. My ex quit claimed his 25% to one sister. He ousted me by refusing my calls. The condo went into foreclosure and the still refused me entry. I sold it for $117K and money is in escrow account. I have to respond to a demurrer. I never lived there. When I sold it my mother's furnishings were still there. Their attorney also would not give me the go to sell until it was to late to complete the transaction. It foreclosed and my buyer redeemed it for me. They wouldnot even speak with me when I sent a text before I was forced to file before foreclosure. They said I could stay on title forever. They didn't care.
Expert:  Ely replied 9 months ago.

Okay, thank you.

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...

Customer: replied 9 months ago.
Thank you.
Expert:  Irwin Law replied 9 months ago.

You situation is far too complicated to deal with in a question and answer format like this. I need to have all the facts so that i can understand the complete situation. The only way to do that is by back and for chat by phone. That is more expensive than this format. My offer for PREMIUM SERVICE will be following this.

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