QUESTION
Can I remain in my jointly owned family home until it sells?
Asked on May 29th, 2016 on Estate Planning - California
More details to this question:
I have lived in my family home-which own with my 3 siblings who live out of state, for the last six years. They are asking me and my son to move prior to cleaning up and doing minor repair on the home to sell. I have nowhere to go. They offered to loan me money until the sale to move into an apartment. I would rather stay, cooperate with the workers and move after the house sells. They don't want me to do this. Do have the legal right to simply stay and go against their wishes?
1 ANSWER
Owners who have ownership with others can not be evicted or be charged rent by the other owners. The decision to sell has to be unanimous, unless the other owners file a partition suit and get the court to order the sale of the property with the proceeds divided among the owners. If there are really are only minor repairs, there should be no problem in living there while the repairs are made. Obviously, it is more difficult to sell the home with someone living in it than it being empty; also, they may be afraid you will discourage people from making a purchase offer.
Answered on Jun 30th, 2016 at 7:28 AM