How do I get my father out of our shared residence?
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How do I get my father out of our shared residence?
Yesterday, I filed my second police report after my father verbally threatened my physical well being saying that he would kill me and that he had people to
Asked on April 16, 2017 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If, as you appear to indicate, the home is now owned by your brother and you (since your mother's estate was "split between" the two of you), then you can remove him by bringing an action "for ejectment". Ejectment is the equivalent of eviction for a non-tenant: that is, for someone is neither an owner nor a tenant, and so who has no legal right to eviction, but who is also not a trespasser, and who has been allowed to live in the home previously. A guest--and that's what you father would be, if he is not on the title and is not paying rent--can be removed at any time by the owner(s), but it must be done throught the courts. Ejectment is procedurally more complex than eviction, so if you want to pursue this option, you are strongly encouraged to retain an attorney to help you.
If you father is on the home's title, you cannot remove him: he has as much legal right to live there as you (assuming you are also on the title; if only your father is on the title, he can remove you if he wanted).
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