Marco Island, FL asked in Estate Planning, Family Law and Real Estate Law for Florida

Q: is there a way to evict someone out of a house if they own 50/50 but don't actually help pay for the house & other bills

My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while she trashes the house and doesn't work a job. She lets her 3 year old draw all over the walls and pee all over the floor.. Never helps with anything in the house. We would like to be able to figure out a way to get her out .

1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court to distribute more than half of the proceeds to your wife to account for the sister not paying her share of the expenses and living there rent free and for damage done to the property, all of which you should discuss with the real estate litigation attorney.

Terrence H Thorgaard and Bruce Alexander Minnick agree with this answer

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