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What's the Answer? | I own 1/5 of my mother's house and my sister has moved in and changed the locks on the doors.? |
Can I demand a key? My mother is now deceased.
She she refuses to pay rent. What can I do? |
 |
 
☮, ♥, ☉☉, & ☺
|
Take her nasty à ss to court! |
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scratch
 |
I am not completely sure, but I think if she is living in the house and you are not she can refuse entry. |
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Anthony
|
YOU NEED TO FILE A PROBATE CASE.
The executor of your mother's estate should have begun this process. This is the only way you can clear the title on the property.
While the property is in probate the executor decides who lives in the property - usually to collect rent.
This process is used to payoff any outstanding debits, and distribute property of a deceased person.
Condolences for the death of your mother. Family is unfortunately at it's worst in the pursuit of assets after the death of a family member.
If you file first - you could become the executor of the estate - 95% chance - a judge makes the final decision. In any case if this was your mothers house, and none of you are on the deed you have no specific rights of control of the property until the legal process is finished. |
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beagle
 |
Is your sister one of the other part owners? If she is then she has no more rights than you and you should demand a key.
You do not say which locks she has changed. If you mean entry locks to get inside the house then of course you have a right to a key. But if it is for example to her own bedroom so she has privacy then I don't think you would get much sympathy in court.
You said she refuses to pay rent. If the "rent" is to cover monthly mortgage payments then of course she should be contributing. Why not? The house is partly hers and she will benefit as the house appreciates in value so should be responsible for helping with the mortgage. If she isn't a part owner and refuses to pay any rent then take legal action to get her out. You and the other owners have the final say as to who can or cannot live in your house. You may be able to charge her with trespassing if push comes to shove. |
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Expert Realtor
|
Well, the problem is that 5 of you have the SAME rights to the property...not 2...5 of you.
Your sister isn't really required to pay but 1/5 of the expense associated with the place.
All of you need to go to court or see a real estate attorney and settle this among yourselves. |
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badbill1941
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You "AND" whoever the owners of the other 4/5Th's are can collectively demand a key, and proceed with an eviction notice for non-payment. |
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lightcone15
|
well, did you guys divide the house up into 5 parts with giant lines of paint or tape? cuz if she didnt change the lock on your part of the house you cant do anything about it. ^_^ |
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g3mg3m.
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See a solicitor asap & find out. |
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blowinkilla
 |
ask nicely for a key and if she refuses, kill her |
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Maria
 |
you have a legal right to get a key yes and a right legally for any profits, rent etc. I would see a lawyer |
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suigeneris-impetus
 |
Does your sister own any of the house...maybe left to her by your mom? Who owns the other 4/5th? Is your 1/5th on the deed to the house? Even if it were on the deed, the other owners would have something to say about who lives there and possible rent. |
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noodles824
 |
Call the police. You can also have the other owners buy your share of the house from you |
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nana
|
You would have to have legal documents and consult a lawyer. |
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rtfm
|
Sounds like it's time for a lawyer.
Does she also own 1/5 of the house? If so, maybe you could get together with the remaining 3/5 owners and confront her all together about what she's doing? |
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Dart Swinger
 |
You should have a key to fit 1/5 of the locks in the house. |
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