Q: Can a detainer warrant be issued by one owner if you are also an owner of the house?

My stepfather passed away in December and I have been living at the residence ever since. He left his estate to me and my other two siblings equally. I was just served with a detainer warrant from my sister.

1 Lawyer Answer

A: You are now "co-owners" of the property. Each of you has the same equal rights to the property. Each should pay an equal amount of the taxes and insurance and any upkeep expenses, and each of you has the same right to any income coming from the property or to live there like you. It sounds like your sister wants to sell it ( so she wants you out) or maybe she wants you to pay rent. Any one owner has the right to ask for a sale of the property in a process called "partition." You can't ignore the lawsuit papers, so you should consult an experienced real estate lawyer immediately.

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