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whirlygirl57

Joint tenancy rights of elders

7 posts in this topic

My sister(65) purchased a home with in-law quarters together with her daughter and son-in-law in 2012, using most of the proceeds from the sale of her home as the down payment.  My sister pays 1/3 of the mortgage and improvements on the home and her name is listed on the deed as co-owner. Her son-in-law is now proposing to have his mother, sister, brother-in-law and their daughter move into the home upon the sale of his mother's property in CA.  This will be an untenable situation for her, as she has anxiety and OCD, and will not tolerate their presence for long.  What rights does my sister have to prevent or limit their occupancy in her home?  Thanks for any help you can offer!

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Wow, your sister really stepped in it this time.  Since the other title owners, i.e. he daughter and son-in-law, are also owners of the property she has no superior right to decide who lives in the house.  If I were her I would file a partition suit to force the sale of the house, use her share of the proceeds to buy a nice condominium, and disinherit the others.

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I kind of thought this might be the case, unfortunately.  In the alternative, can the three of them write a rental agreement whereby the relatives have 60 days in which to relocate?  Would they then have to evict the sister and brother-in-law (total squatter types) through standard channels? 

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1 hour ago, whirlygirl57 said:

My sister(65) purchased a home with in-law quarters together with her daughter and son-in-law in 2012

 

What does "in-law quarters together" mean?

 

 

1 hour ago, whirlygirl57 said:

What rights does my sister have to prevent or limit their occupancy in her home?

 

Probably none, unless there is a written agreement between the multiple joint owners that addresses this issue.  Absent such an agreement, each of the joint owners has the right to invite whomever he/she wants to visit or occupy the home.

 

 

1 hour ago, whirlygirl57 said:

In the alternative, can the three of them write a rental agreement whereby the relatives have 60 days in which to relocate? 

 

They can write any sort of agreement they want.  Whether the other joint owners would be amenable to that is obviously impossible to predict.

 

 

1 hour ago, whirlygirl57 said:

Would they then have to evict the sister and brother-in-law (total squatter types) through standard channels?

 

If such an agreement were made and breached, yes.

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