Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
My sister and I want to sell the house that my parents left to US - their children. My nephew is living in the house (his mother, my older sister is deceased so he and his sister own the other 1/3).
My nephew agreed to keep the property up and keep the taxes and water bill paid. They (him and his wife signed an agreement. They breached the agreement. And now I am going to send them a notice to vacate. But, I am told that the partition would be the easiest if not the most profitable way to go because they (my niece and nephew do own their mothers 1/3 because of the "tenants in commom" issue. My sister and I want to sell the property because my nephew living in the property - not paying any rent - is actually not fair to my kids or my sisters son who all have managed to find jobs and their own place to live and pay rent to do so. So I don't intend to let my nephew stay in that house for another year.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).