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Guest

Long story short, a house that once belonged to my stepdad, was put in my mothers name. My stepdad told me that her name is on a quitclaim deed.

My stepdad and my mom are both getting a divorce and my stepdad currently lives in the house along with my stepbrother (his son) and his daughter.

My question is, can my mother kick my step brother out, seeing that there is no rental agreement of any kind, (no yearly contract and no month to month contract) nothing legally keeping him there?

He hasn't paid rent in over a year, although he was supposed too. Does my stepdad have to agree to it too or can my mom legally kick him out without any say from my step dad, as I do not think his name is also on the deed. Only my mom's name appear on the property taxes, as I have been paying the taxes for a while now and have only seen her name.

And also, can she legally sell it without permission of my stepdad, if his name is not on the deed? (Meaning, does she own it outright and if she were to sell it, can he go after her for any or all of the money the house sold for?) Any help would be appreciated. Thanks.

jameshogg · Posted: Sat Feb 12, 2011 12:45 am Post subject:

Hi Guest,

If your mother is the sole owner of the property, then your mother can ask your step-dad and his children to move out of the property. As she is the sole owner of the property, she can sell off the property without your stepfather's permission. Your stepfather can't come after the sale proceeds as he is not an owner of the property.

Thanks

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