Legal Question in Real Estate Law in Delaware

I have a question related to a shared living situation in a house.
A mother and an adult daughter bought and moved in to a house together. (Both of their names are on the deed.) Soon after, the mother let her son (the daughter's brother) move in.
Several years later, the mother developed Alzheimer's disease. Her name remained on the deed, but she was moved to the house of a second daughter, who was given power of attorney over her.
The son still lives in the first house (without a lease and without paying any rent). The first daughter and the son (her brother) don't always get along, but she is under the impression that she has no choice in the matter, that the only way for her to force her brother to move out is for her sister (who has power of attorney over the other owner) to agree.
Is there anything that the first daughter can do?

Asked on 8/06/11, 11:10 pm

Glenn Brown Real World Law, P.C.

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It is likely she can evict him as a month to month tenant, first give him notice to vacate and then ask the court to order him out.

What would the position be of the 2nd daughter?

Answered on 8/07/11, 5:13 pm

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