QUESTION
Is it legal not to allow our nephew to live in a house that owned by three siblings?
Asked on Sep 06th, 2012 on Estate Planning - Michigan
More details to this question:
I have two siblings and I own one-third the house. The two siblings live in it, my brother and sister. She wants her drug addict son to recuperate there after being shot from a drug deal. My brother, who lives there, does not want him there because he is a potential threat to more recourse from his life style. I live next door and I am afraid. This is a very bad scenario. We are just trying to protect ourselves and my sister does not care. I am sure this will turn in to him just living there, as his only income is drug dealing. Please help ASAP he has no income and my brother and sister are on disability.
8 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You and Your siblings can prevent having your nephew living in the house you three own; however, two of you may have to go to court and obtain a restraining order to prevent the other sibling from allowing his child to live in the residence.
Answered on Sep 14th, 2012 at 4:30 PM
Shadi Ala'i AlaiShaffer
You have no legal obligation or duty to allow him to stay in the home. In fact the siblings/legal owners have every right to chose who lives there - they should agree together.
Answered on Sep 14th, 2012 at 4:30 PM
Just tell her no. Legally, each of you three have the same rights to the property so she could bring her son in but if she has no money she is not going to get an attorney probably. Meet with her and tell her the reasons why you are opposed and that the police will come and arrest him and anyone helping him sell drugs. Threaten to cut off any support you provide if she lets him live there [and probably you will need to call the police], but as a practical matter how are you going to prevent her from letting him into the house. You may need to sell the place.
Answered on Sep 14th, 2012 at 4:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, but generally, if he is an adult he would have to have some agreement with the owners of the property in order to legally live there.
Answered on Sep 14th, 2012 at 4:29 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Tough situation, all the way around. As the three owners, all three of you have the right to possess (occupy) the home. I am not sure this extends to offspring, however. I can foresee all kinds of potential problems, including the ones you have already mentioned. It does not sound like it would be useful to charge him rent, either, as he will either not pay, or he will feel the need to deal, in order to come up with the money to make rent. Is there any way to buy out your sister's share in the property? I am guessing not, because of the disabilities mentioned. I would suggest that the nephew lives with his mother. Maybe she can straighten him out.
Answered on Sep 14th, 2012 at 4:29 PM
Leonard A. Kaanta
She has the right to have son live there.
Answered on Sep 14th, 2012 at 11:50 AM
Neal Michael Rimer
The "Owners" of the house decide who can live in the house. You should all vote and majority wins. If there is a disagreement, then you could litigate, arbitrate or mediate to resolve the conflict.
Answered on Sep 14th, 2012 at 11:08 AM
As equal owners, you each have a vote in what goes on at the house. If you cannot agree... peacefully... on how to proceed, then your only recourse is to sell the house (you can force a sale in court).
Answered on Sep 13th, 2012 at 11:07 PM