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Inherited parent's home 50/50 with sister refuses to leave…

Inherited parent's home 50/50...

Inherited parent's home 50/50 with sister refuses to leave how and can I charge her rent thank you for your time

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Lake lotawana Missouri

Lawyer's Assistant: Has anything been filed or reported?

No have been as patient as I can be the home is my inheritance refuses to leave

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister's an alcoholic

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Answered in 2 minutes by:
10/12/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,167
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Has your sister said that you cannot live at the property or taking steps to bar you from entering the property?

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Customer reply replied 10 months ago
Nothing like that home is in an expensive area my folks pasted away 9-3-15 I'm paying half of everything mortgage. Bills etc. Meanwhile she has trashed home and furnishings

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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The problem is that if she has not done anything to keep you from possessing the house then you can't force her to pay rent. You're both "tenants in common" meaning that you have equal rights to possess the house. Each owner of a Tenancy in Common has the right to completely possess the entire property and does not own rent to the other Tenancy in Common owners unless there has been an"ouster". An ouster is when one owner is Tenancy in Common refuses to allow the other owners complete right to possess the property. If a possessor of land refuses to let a rightful owner in property use the land the owner can sue for a partition or can sue for a percentage of the rent based upon how much the suing owner has in the Tenancy in Common. So IF she refuses to let you in, then you would have a claim for 1/2 of the fair market value of the total rent. But until there's an "ouster", you don't have such a claim.

Now what I would suggest is that you threaten a partition action, which is where you file a case with the court asking the court to sell it at auction, and the proceeds pay of the mortgage, with any exceed paid out to you equally. That would kick her out of the house, and would probably not be preferable to her. IF she does not agree with you in this regard, the only other option would be to go through with the partition action. If it comes to that, you need to contact an attorney in your area that deals with real estate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
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Satisfied Customers: 18,167
Experience: Licensed Texas General Practice Attorney
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