Siblings are "kicking" us out of our own home?

Question

My father in law passed two years ago and my husband, his oldest child, moved our family to his home and became probate rep. Now that probate has closed, his three younger siblings have decided they do not want us living in the home and have given us one month to leave. The estate has been put in all their names, but they state that majority rules and we must leave if they wish us to. My husband feels horribly betrayed and doesnt wish to fight this. Part of me feels the same, but I cant help but feel that if he owns 1/4 of the property, they cannot kick us out any more than I could kick them out.
Please, no bashing or getting even answers, we are in a very bad situation, have no money for moving and no where to go. We have no money to consult a lawyer (unfortunately we live in a very rurally depressed area where free consultations are not given) and need serious legal advice.
Thanx

All the siblings agreed for my husband to be probate rep and that we should live there. We are not trying to "hog" the house. Two of them live over a hundred miles a way and the other 1800. We have been paying the mortgage on the home for the past 2.5 years and all expenses that come with owning a house and 40 acres. They have not even helped w/property taxes. That also came out of our pocket. We do not owe them rent, it is only that we were paying the mtg that the co hasnt taken it.

Answer 1

As they say, Possession is nine tenths of the law, not majority rules. Basically they have told you to get out, but they have nothing to back that request up right? If they want you out so that they can sell the house and split the money that is fine, let them know that you will make sure that the house is presentable and available to show, and once the sale goes through you will move. Until that time let them know that you are not leaving.

Answer 2

You aren't going to like this answer, but it's the truth.

Your husband only owns 1/4 of the home. If they wish to, all the siblings could move in with you with their families. They have the legal right to have keys to the house and have the right to enter the house anytime they wish and to go anywhere on the property that they want. They can't go through your personal belongings, but they can walk into your bedroom in the middle of the night if they want to do so. It's their property too.

Your husband (and your family) doesn't have the right to have sole rights to live in the property. Think how you'd feel if you had an inheritance but weren't able to actually get it because someone else was making full use of it.

Morally, your husband should have been paying rent the entire time you guys have been living there. As executor or personal rep of an estate, he was not supposed to take use of the estate property for himself.

About your only options here are:
1) Offer to pay each of the siblings 1/4 of the fair market rent for the home, which would add up to a total of 3/4 of the fair market rent.

2) File a lawsuit for partition. The court will sell the house, and each person will get 1/4 of the value left after court costs. Court costs will take several thousand dollars of the equity.

3) Prepare to be sued for partition.

4) Move somewhere else. Put the house on the market and split the proceeds 4 ways.

Good luck in your situation. Hopefully the sibling situation will not suffer as a result of this.

Answer 3

What do the others want to do with the property if you do move out? Sell it? Rent it? Have you offered to pay rent to the other three owners if they would allow you to continue to live there?

If your husband only owns 1/4 interest in the property, then he does not have the right to occupy the property against the wishes of the other three. In this case, the majority ownership has control, and if they want your husband out, then he's out...
However, he would have the right to collect his share of any profits made by the sale or rental of the property.

Answer 4

I'm afraid that legally, you have no recourse.

I might suggest that if all the siblings put the house up for sale, and them split the proceeds four ways, then you would have the funds to relocate. Your in-laws might be persuaded to allow you to stay until the sale on the house closes, especially if you agree to keep the place in really good shape until it sales.

You only other legal recourse is to offer to buy out their share of the house, but it doesn't sound like you are in a position to do that.

Good luck!

Answer 5

You really need a lawyer. It isn't about fighting or getting even. I can understand your hurt feelings and betrayal. It is about forcible entry and detainer. There are landlord tenant issues here aside from the probate issues. You need a lawyer on the forcible entry and detainer issues.

There are differences from state to state on landlord tenant issues. I do not know the landlord tenant issues in your state, but they apply to home ownership as well as to renters. In essence, you are a tenant at will and the landlord tenant laws in your state protect you. You need a lawyer for that reason only.

I know that sibling issues are making this difficult for you. But this is not a probate issue. It is a landlord tenant issue.

Answer 6

First, who owns the house?
If you own 1/4 of it, they cannot 'kick' you out. Even if you choose to go by the majority rule and leave, they must compensate you for your 1/4 ownership.
but if your name is on the title, even as one of 4 owners, they cant force you to leave.

Answer 7

It sounds to me that if your husband owns 1/4 of the property he is entitled to 1/4 of its value. Despite the fact you may have to pay for an attorney, it certainly would benefit you to contact one immediately. Good luck!

Answer 8

I would say try a website that gives free legal advice. I'm so sorry you are in that kind of trouble. Good luck to you!

Answer 9

if they want you out...they should help pay for you moving and cash out your 1/4 interest in the property...and then be done with the ingrates...