Manchester, NH asked in Estate Planning and Probate for New Hampshire

Q: Can I evict my nephew from our house

My Nephew and I recently inherited the house I get 75% and my nephew 25 we were living in the house when my parents passed away he has not paid anything am I legally allowed to kick him out

Related Topics:
1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Howell, MI

A: If you BOTH own the house, then no, you probably can't evict him. You MAY be able to partition the house, and sell if he won't buy you out, but the details of what you can and cannot do are far too complex to get into in a forum like this. You need to both

1) Complete the probate of the house (it sounds like you haven't done that yet) so the home is owned by you and your nephew rather than the estate, and

2) then figure out what can be done to resolve the situation with the home maintenance/ownership.

I would strongly urge you to consult with a local attorney to explore your options and what needs to be done and in what order to insure things go as smoothly as possible.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.