Hows can someone remove a person from a property if he has been there 37 years.?

Question

My mother owns half of a house with my brother, I have another brother that has been living there for 37 years that only does so because my mother who is not terminally ill allows him to. Because of the problems he starts with my mother I believe he should be removed. Can this be done? I am looking particulary toward california laws.

Answer 1

If he owns half the house and is on the title there is nothing you can do. However if he does not own the house and his name is not on the title you should be able to call the police to get him removed from the premises.

Answer 2

I know nothing of California laws.

That said, I do not think you can remove your brother so long as your mother allows him there. The house is property of your mother. As far as the law is concerned, a woman's house is her castle. The only people who can remove that brother from the house are your mother and your other brother, who own the house.

Perhaps your family is like some people I know. There is friction, and they are using you as a shoulder to cry on. Do not let yourself get mixed in such situation. They are all adults, and should be able to fix their differences. At worst, it sounds like they want YOU to solve THEIR problem, thus spare themselves the inevitable bad blood. If they are like that, run away, let the mentally immature live with the consequences of their choices, do not pay or suffer for THEIR comfort.

Answer 3

100 percent. Any property owner can evict a tenant at any time PERIOD! If he brings you to court, you have more than good enough of a reason right there (not that you even need one). The worst that you can get if he brings you to court is that the judge may state that you must give him 3 months maximum to find a new place. My parents have been into the property renting business for a while and I deal with this situation often. Hope this helps

Answer 4

Your Mother can evict him from the property. she must do it legally and since it is in Cali you will need to have a reason. You'll need to have proof of the way he treats her. That he hasn't paid rent or doesn't help buy groceries etc.
She will need to get a lawyer to draw up the papers, then the sheriff will serve them. Then your brother will have 30 days to remove himself and his things from the property. If he fights it in court it could take alot longer than 30 days. I had some evictions that lasted 60 days and one that took 90 days. Just make sure that you have all the proof you need before taking it before a judge. A lawyer can tell you right way to proceed.

Answer 5

CALIFORNIA LAW.....


If his name is not on the property, and he does not pay any bills or rent, then he CAN be evicted, but only through due process in a court.


You MUST serve him with an eviction notice and give him 1 month to vacate - after that, you can have the police remove him and his belongings.

Answer 6

This could be done in state court or possibly federal court. You could get a restraining order from a judge and have him removed, you have domestic violence charges filed if its that bad, or maybe even civil rights violations suit. The best place to begin is to talk to your local police department to see what the options are in your community. Without any further information thats the best answer I can give.

Answer 7

Whoever pays the rent/mortgage or owns the deed has the power in that house...

Answer 8

Just grab hold of him and remove him from the house. Easily done.

Answer 9

Yes but your mother and other brother will have to do it. they need to serve him with an eviction notice.

Answer 10

THATS what I was going to say The law