We have tried everything to get them to move out. We have had many interested buyers as well but b/c they will not move out, we cannot sell. They do not want to sell b/c they are living in that house for free (it was inherited by the 3 of us). They do not pay rent. What are some ways we can get them out of the house?
2007-07-09 08:31:45 · 14 answers · asked by magarwal 2 in Business & Finance ➔ Renting & Real Estate
We have tried everything to get them to move out. We have had many interested buyers as well but b/c they will not move out, we cannot sell. They do not want to sell b/c they are living in that house for free (it was inherited by the 3 of us). They do not pay rent. What are some ways we can get them out of the house? We have tried reasoning with them, we would def split the profit 3 ways and they would get their money in cash but they are still not agreeing.
2007-07-09 08:37:02 · update #1
The house in is India. The 2 of us that want to sell are in the US. The one that is living there just has to pay utilities, no property tax or anything.
2007-07-09 08:46:40 · update #2
If all 3 inherited the house equally, and the 1 wants to live there, he/she has to buy the other 2 out. so have the house appraised. divide by 3 and the 1 that wont move has to pay the other 2 ,their 1/3 each. If they don't want to come up with the money they have to move.
2007-07-09 08:48:27 · answer #1 · answered by tx_mstry_lady 3 · 1⤊ 0⤋
You can actually force the sale of the home, but you'll have to go to court to do it.
Tell your sister that you'll give her 30 days to apply for a loan to buy you and your other sibling out. Get an appraisal to make the deal fair. She is legally entitled to 1/3 of the equity.
If she refuses, go talk to a Real Estate attorney (not a general practice attorney), and explain what you would like to do. He will draw up a letter, explaining that you cannot "force" someone to stay in a real estate transaction, and she really needs to get the ball rolling on buying you two out.
If she still refuses, the attorney can file a suit, which will go before a judge. If your sister is financiall unable to buy you two out, or cannot qualify for a loan, the judge will order the sale of the home, based on the appraisal (and give or take a certain percentage), and will order each of you to receive 1/3.
She will then have to come up with the money, or move out, if she can't buy you out.
You are probably wondering what is her incentive to keep the place clean while the home sells? He can actually order her to vacate the premises early (if she interferes with the sale) or state that for every dollar that you are not able to get for the sale, is due to something she did to the home...it will come out of her 1/3.
In a nutshell, that is what happens. You have a legal right to get out of the transaction and there is very little she can do to stop the process.
2007-07-09 09:03:41 · answer #2 · answered by Expert8675309 7 · 2⤊ 0⤋
Im going to make this easy on me so these numbers are just numbers. Lets say the 3 of you inherited a 300,000 dollar home. You all have 100,000 in equity.
The 2 of you that want to sell cant get the equity. So you both put a lien on the house for 100,000. Now the house is not free and clear. There are 200,000 in liens agaisnt the property.
Then you foreclose agaisnt the liens. The other sibling will have to pay the 200,000 to stay in the house. Otherwise they will lose there 100,000 and the sheriff will kick them out of the house.
It shouldnt affect your credit but check with an attorney, im thinking way outside the box.... way outside the box. But ive seen it work before. Same situation.
2007-07-09 08:42:06 · answer #3 · answered by financing_loans 6 · 1⤊ 1⤋
I live in Louisiana and my mother was the one of the 3 whom had a problem with selling the house, GET A LAWYER and it will be ok. Get an Estate Lawyer b/c i believe that they can be forced to move or pay rent if 2/3rds of the owners want them too...check into that. It does not cost to talk to a lawyer and find out your options
2007-07-09 08:41:40 · answer #4 · answered by kristy M 3 · 2⤊ 0⤋
how tough are you willing to be?
you begin by demanding that they pay rent at 2/3rds the market rate.
after they refuse, you sue. they are taking your property [your interest in the house] without paying. That's actionable in court.
the form of the inheritance was set by your (I assume) parent's Will and/or by how they titled the property that left you collectively as the owners.
what Momma or someone allegedly said about them getting to live there rent free does not trump what Momma wrote in her Will or in the deed. The writing controls.
Btw, you'll want to document the condition of the house as it currently is [cell phone photos if nothing else] and as it was when Momma died [ask the neighbors and your Mother's friends who might have visited if you don't have photos].
Like any tenant, your sister and her husband are liable for damage to the house caused by themselves and their guests, as well as damage caused by their neglect.
THEN you threaten them with the lawsuit. And remember to sue for the costs of enforcing the common law, plus the rentals they should have been paying beginning with the day after title transfered to the three of you and up through the day they move out.
Of course, this'll only work if you actually follow through and sue if they do not make a deal.
If you aren't willing to sue ... you lose. And you'll keep losing until you are willing to lose this 'sister' forever. She's mooching off you and not in small amounts.
2007-07-09 08:48:16 · answer #5 · answered by Spock (rhp) 7 · 1⤊ 0⤋
If you are not paying for it either then just use it as an asset in buying your next home. Let her maintain the house while you still own it and the value goes up. If you need the money then she has to pay you your share and she can keep the house.
2007-07-09 08:39:52 · answer #6 · answered by czwtrpolo2 2 · 0⤊ 0⤋
best advice - you need an attorney. He will need to read how this was deeded to all of you....there are options..the first being they could buy you out...but that does not sound like that is going to happen.....so an attorney can tell you the next steps
just a note----if the house is still being paid for and they are not contributing an equal share to the mortgage...you can probably foreclose on them...but an attorney would have to tell you that...also - be ready for them to cause some propety damage in retailiation.
Good luck
2007-07-09 08:37:56 · answer #7 · answered by Blue October 6 · 2⤊ 0⤋
if they will not cooperate you will need to go into court, and have a judge order the sell of the house, it can be done not to expensive but will need a lawyer, but a judge can order the sell of the house
side note, just as they have every right to use the place you have the same equal right to the use of the house and property maybe its time to exercise your right to a equal enjoyment and use of the house and property as they are entitled to
2007-07-09 08:38:54 · answer #8 · answered by goz1111 7 · 0⤊ 0⤋
without getting a lawyer involved there is no way you can make them leave
your sibling is entitled to stay as long as she wants since it was willed to her as well as both of you
get a lawyer and maybe he/she can find something in the will that can help , also he/she can maybe get them to buy you 2 out
if you both move out can your sister and her husband afford the property tax , utilities....etc.... by themselves ? if not then thats a way you can get them out
B.
2007-07-09 08:43:21 · answer #9 · answered by ivan dog 6 · 0⤊ 0⤋
Have them buy out your stakes in the property, or get renters to live in the house, if you can't get them out, might as well make some money on it.
2007-07-09 08:42:14 · answer #10 · answered by marxistharpist 2 · 0⤊ 0⤋