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what are my rights as a partial homeowner Roomate

Discussion in 'Roomate & Joint Leases' started by skating, Sep 25, 2014.

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  1. skating

    skating Law Topic Starter New Member

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    my mom passed in June and the house is left to myself and my brother (altho there is no will) who is not taking care of the house or supporting the house monetarily. He has been stringing me along. He lives there alone but can not afford the house. I live in a house w/my own family. He had someone move in yesterday (2 adults & child) of which I went there and removed all their stuff and put in on the front lawn. They were not there. Later they put the stuff in the garage and moved themselves in the bedroom. how can I remove them. I found drug parafanalia in their room today. Nobody was home. I went to the police to see what can be done prior to me going to the house. They said I can only have an escort to the house if I wanted when I got close to the house but they could not make someone leave. They also have a 2 year daughter. How can I remove these people out of the house. Should I call child protective services if this kid is having parents that are doing drugs. My brother is desperate for money and is pleading with me for them to stay. He told me this a.m. they were gone. He lied and they are still there. I don't know what to do.
  2. Chadville

    Chadville New Member

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    This is tough, I'm curious to know as well

    Sent from my HTCONE using Tapatalk
  3. army judge

    army judge Super Moderator

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    First of all, please accept my condolences upon the recent passing of yoru beloved mother. May she rest in peace, as you work your way through the grief process.

    You say there was no will, so that implies she died intestate.

    Here are your state's (New York) laws regarding succession in the case of intestacy:


    This applies to your situation, I suspect.

    Definition: "per stirpes" --- Taking by right of representation; the group or class receives by representation and in equal shares what their deceased parent would have been entitled to receive.

    The common usage in wills and trusts is "to my then living descendants, per stirpes."

    What this language means is that if you have two children and five grandchildren who survive you, then each of your children will receive a 1/2 share and the grandchildren will receive nothing. If, however, one of your children predeceases you and is the parent of three of the grandchildren, then the surviving child will receive a 1/2 share and each grandchild will receive a 1/6 share (in other words, the deceased child's 1/2 share will be divided equally among the three children who have survived the deceased child: 1/2 divided by 3 = 1/6 each).

    As you tell us, you and your brother are her only two surviving children.
    You each own 50% of the home.
    You own that 50% equally.
    It is important you note that, as I'll elaborate more in the next section.

    You had no right to remove the property of your tenants.
    Yes, they are your lawful tenants.
    Your brother had every right to rent to them, or invite them to stay there FREE.
    You are EQUAL co-owners of the home.
    Your rights are NOT superior to his rights, they are EQUAL.

    If you and he can't agree what is to be done with the home, one of you goes to court and petitions the judge to partition the property.
    Simply put, partitioning the property means selling the property.
    When the property has been sold, you split the proceeds EQUALLY, as in 50/50!!!

    The police know the limits of their authority.
    If they just forced people into the streets, they'd get sued.
    What you've done can get you sued by the tenants your brother admitted to the premises.
    You can't just kick people out.
    In this case, if brother wants them to remain, you have to live with that.
    That's one of the reasons people go to court and request the property to be partitioned.
    Until it has been sold, nothing changes.
    You'll remain equal owners of 50% each of the property.

    You might want to speak with a lawyer.
    Before you ask, NO, you have no authority to kick your brother out, even if he refuses to pay the upkeep on the property.
    No, your brother can't be evicted, either.

    As I said in the previous section, you can't evict him or hsi tenants.
    Your rights are NOT superior to his rights.
    You are equal.
    You can make your brother an offer and buy him out.
    If he refuses your offer, all you have left is to go to court and request the property be partitioned.

    I suggest you see a lawyer, ASAP.

    You might also want to make nice to your tenants.
    They can cause you much grief, and that grief will cost you money!!!
    You violated their tenancy and their rights to the leasehold.

    Yeah, you think there isn't a lease.
    Not true, your state legislators covered that for you.
    They are tenants at will.
    They have all the rights a tenant with a 10 year, signed lease possesses.
    Last edited: Sep 25, 2014

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