Q: Can I be evicted from my house?
Me and my sister inherit a house, she wants it sold. Can't afford to buy her out at this time. Can she have me evicted so the house can go on the market for sale or can I remain in house till it sells?
A:
In my opinion, no she cannot evict you as you are not a tenant. If you and she are on the title together she cannot exclude you from the property nor you her. ie: you both have the right to use the property. She can force the home to be sold via a partition action, which may be what is happening.
Hope this helps.
A: Either of you could start an action in partition which is a forced sale of the house, and the court will decide what takes place in the meantime.
A: If you inherited a home as 50/50 owner with your sister, you are each entitled to 100% use of the home. If your sister wants to sell and you cannot afford to buy her share out, the other option would be to re-finance with cash out to pay her her 50% and she would deed the property to you upon payment. If you are unable to re-finance, you can give your sister a mortgage for her 50% and make monthly payments directly to her. If you default, she can foreclose you and get the house back. Win-win situation. You would need an attorney to draft a Note and Mortgage to make it official. If the two of you cannot agree at all, a lawsuit would need to be filed to determine how to proceed. It is best if you can agree, as the outcome of any litigation can never be guaranteed. Best of Luck! Jennifer
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