My husbands 45 year old brother has lived in my deceased mother in laws house now for about 4 years , she was paying all of the bills while living but last April died and since we have given him multiple warnings that he needs to move out. My husband is the executor of the will and the home needs serious repairs to make it sellable so we cannot sell it before repairs are made and don't want to deal with him while the repairs are being made. We are financially tapped out and have paid the 1100 a month mortgage for the last year in hopes that the sale will be enough to allow us to build some retirement. Is there any way to legally evict him from the premises even though he is entitled to some of the proceeds on the sale?
Freeloader brother remains in moms house for a year since her death
- Thread Starter Sgchevy
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Proserpina
Moderator
Who actually owns the home? Has it gone through probate?
army judge
Super Moderator
You can't evict him from the home he owns, with your husband.
Well, you can bring an eviction action, but your hubby will lose.
On the other hand, he can't stop you from making repairs.
If necessary for him to leave, while the repairs are made, you'll have to work with the city building inspectors, health department, or go to court and convince a judge to order him out while the repairs are made.
Why not sell the house AS IS, saving the money you don't have?
Improving an old junk house with a $10,000 face lift isn't going to increase the value to a buyer or potential slum lord anyway.
Proserpina
Moderator
It's possible that he was left future proceeds in the will; there's no guarantee he actually owns the house.
army judge
Super Moderator
True, but the last sentence of OP'S post insinuates otherwise.
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