Legal Question in Real Estate Law in Ohio
I own a home with my brother, who resides in the home and has neglected the home very much and the home is in need of major repair. He is also not paying the property taxes on the home and has completely neglected the lawn and landscaping as well as the gutters and siding are falling from the home. I want to remove him from the home and take control of the home so I can repair the home. How can I do this?
Thank you,
Scott
3 Answers from Attorneys
Dear Scott: This is an unfortunate situation; between siblings. However, you have the right to insist the property be maintained, especially if your Brother is living in it.
You may obtain possession by an eviction proceeding, beginning with the Three Day Notice.
Consult an experienced Attorney to have it done right, else you risk losing and merely prolonging your problems. Good luck, and Happy New Year!
Sincerely, J. Norman Stark, cleveland, Ohio.
If you and your brother are both on the deed, you are co-owners and have equal rights to occupy the property. Hence, you cannot evict your brother if he is a co-owner. You can sue him for damaging the property and not paying taxes and thereby diminishing the value of the property. You can also force a partition (sale) of the property through the court. You may be able to force a sale and then buy back the property yourself. I advise you to meet with an experienced real estate attorney in order to more fully discuss your options.
Good luck.
Lisa K. Meier
This answer is based on Ohio law and does not create an attorney-client relationship.
Of course, it may not be best to force a sale or sue your brother for damages depending on other circumstances. I was just giving you possible options and not recommending any specific action.
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