Legal Question in Real Estate Law in California

Can I evict my sister if she cosigned for house.

MY sister cosigned for me and my wife to help get our house.She only pays one-fifth of the mortgage as her rent.Latly she is unbarable and we want her out. I confronted her and told her how we felt but she said she wont leave. Can I take any action. She didn't pay any of the down payment,and claims renters status on her income tax.


Asked on 3/07/00, 11:06 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Can I evict my sister if she cosigned for house.

If she just co-signed the loan and is not on the deed you can evict her.

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Answered on 3/22/00, 12:05 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can I evict my sister if she cosigned for house.

You are probably stuck. Regardless of how she claims her residence for IRS purposes, she is a part owner of the home and has a legal right to possession. It is not likely that she would want to move into an apartment and pay rent and also part of the mortgage.

Your best bet may be to purchase her interest or sell her your interest and you move. Or sell the house to a third party and both of you move.

Otherwise, work out your problems and make the best of it.

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Answered on 3/21/00, 3:26 pm


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