Legal Question in Wills and Trusts in California
I own a house with my sisters. We all have equal shares. Can my sisters kick me out of the house to fix it up to sell it? I have been living in the house before my mother died and since my mother died. They were all left the house from my mothers will.
2 Answers from Attorneys
The general rule is that tenants in common own equal undivided shares, unless specified otherwise in the conveyance. As co-owners, the other co-owners cannot lawfully evict one of the co-owners who is lawfully occupying the property.
Your sisters can force a sale of the property. If you are unwilling to cooperate in a sale, they can go to Court and file a Partition action that would result in a sale and could result in you being charged for some or all of the expense of the lawsuit. To the extent that they want or need you to vacate to fix the place up for sale, an attorney may be able to negotiate a way to make the transition easier for you.
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