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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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i have a question about mother and father have

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i have a question about mother and father have let my brothers (32) and (26) years old live with them for quite some younger brother(im the middle child) has been very verbally and psychologically abusive to everyone in the house and has been asked to leave by my mother many father who has also taken the abuse, refuses to let him leave because he hasnt had a job in over a year and he doesnt want him to be mother is at the point of moving out and divorcing my father, which would lead to my family losing the house....if my mother were to serve my brother an eviction, would it matter that my father doesnt want it to happen(both are on the title of the house)

Thank you for your question. Please permit me to assist you with your concerns.


I am genuinely sorry to hear that you are in this situation. In this situation only one owner can legally serve notice to any tenant on the premises, and pursue an eviction. However, and this is key, such notice and such an eviction would only be actionable if the other owner does not contest it. Since rights here are equal between your mother and your father, should the mother give notice, the father can likewise revoke the notice and grant the right to the other child to remain on premises anyway. Hence, you must get your parents to agree and if your mother does file, to get her to convince the father to ignore the filing or else your brother would continue to be able to reside on the premises.


Hope that clarifies.

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