Evansville, IN asked in Civil Litigation, Family Law, Estate Planning and Real Estate Law for Illinois

Q: how to get a family member out of home.

3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with maintenance or bills. How can we get him out of the house, or make him pay rent and or expenses?

1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Estate Planning Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of the parties. If the property cannot be so divided, which is typically the case for a single family home, then the court can declare that the property be sold and the sale proceeds divided between the various owners. I recommend that you read the statute. Good luck with your situation and I hope this helps. - Bryan.

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