My brother and I share a house and we are both looking to sell. When we move, he wants to move without his ex-girlfriend.?

Asked by Teep, 01952 Tue Sep 8, 2009

She used to pay someexpenses but doesn't pay anything anymore. We've been told that to get rid of her we have to file an eviction. Does the same apply if we sell the house completely?

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Ron April’s answer
Ron April, Agent, Newburyport, MA
Sun Feb 10, 2013
Isn't she an "EX" girlfriend? Why would she want to keep living with an "EX" boyfriend? Anyhow, did she sign a rental or lease agreement with one of the owners? Typically when a home is sold, it has to be free of all personal belongings as well as tenants. If she has no agreement, I don't see how she can be anything more than a trespasser after the property is sold. However, in Massachusetts, she is probably protected. I would consult a good real estate atty in the area. They can give you the answers in 15 minutes.
0 votes
Jamie Dee Fr…, Agent, Newburyport, MA
Thu Aug 2, 2012
Teep,
Does the ex-girlfriend and your brother have a tenant-contract of any kind? Is she on the deed?
At this point, she may simply be a tenant-at-will....you can give her 30 days notice to leave/quit premise. She has no rights to the home, but may have a few as a "tenant".
If she was living with your brother in the house for longer than 7 years, she may have some different rights.....but it sounds from her lack of payment consistency that she does not have much strength in her argument ....does she still live in the house with your brother?
I would be glad to assist where I can, and if you need help listing this home, or finding a new one, please let me know.
Graciously,
Jamie Frontiero
0 votes
Christine Ma…, , 01952
Fri Nov 13, 2009
Hello Teep,

If you're still considering selling, I'd suggest you interview at least 3 local real estate agents to find out your options. By conducting the interviews, you'll gain a lot of information to help with your decision and also be able to tell which agent you are most compatable with for a good business relationship when you and your brother are ready to place your home on the market.

Good Luck!
~Christine
0 votes
Edith Karoli…, Agent, Winnetka, IL
Tue Sep 8, 2009
Hi,
First thought on my part as a Realtor is, contact an attorney to figure out the legal side of your situation.

Not being an Attorney and not qualified to give any legal opinions, I just want to stress that if and when you want to sell a property, the current owners (i.e. you and your brother I am assuming are on the deed, both of you?) and his girl friend is not? then the owners should be able to sell the property....

If she participated in expenses, let's say her amounts paid for part of gas, electric, water, maintenance, kind of like a tenant in a rental unit, the question comes does she have a written contract/arrangement for that, or just proof (her canceled checks for example) that she did participate in some expenses....

Only an attorney can then determine what if any she has any rights, if she is legally considered a tenant or not, and make sure you do ask an attorney what the right process would be, before you put the property on the market!

Is she still living at the property, would she be agreeable to accepting to move out when the property sells/ like a week before scheduled closing or not?

Hope this helps you a little to take the right steps... most attorneys are willing to grant you an initial free 1 hours consultation.

Good Luck to you!

Edith Karoline - YourRealtor4Life!
working always in the very BEST interest of her clients....
EdithSellsHomes@gmail.com

By the way if you every come across anyone you know who is moving to Chicago or anywhere in Northern Illinois and / or intends to purchase/sell property here, please refer them to me and I promise that they will receive first class real estate services.
0 votes
Scott A. Nel…, , 02155
Tue Sep 8, 2009
She may have a defacto tenancy but that would have to be determined by a qualified attorney to review your situation. In my non-attorney opinion selling the home may prove no problem as long as she is not on the deed but these are questions of law and can best be answered by an attorney. Many will do an initial consultation for free, you'd want to speak with an attorney well versed in real estate law & landlord/tenant law. The Mass Bar Association is a good resource for a referral if you don't know any attorney's, but I always recommend asking friends, family, colleagues or other trusted people for a recommendation of an attorney they've used recently and been happy with.

Hope that helps,
0 votes
Peter Mlaguzi, Agent, Boston, MA
Tue Sep 8, 2009
Teep,

How are you? My first recommendation towards your question would be to consult a real estate attorney. Pending on specifics of your circumstance and tenants rights in your area, that law can be interpreted differently, but should consult a real estate attorney. I'm sure they will answer this question at no cost, should you let them know you would look to use their services when closing on your house. Should you need an agent to sell your house and/or find you a new house, please feel free to contact me.

Best regards,


Experience excellence

p.s. Of all of your family, friends, neighbors and co-workers, who do you think will be the next one to move, buying or selling?


Peter J. Mlaguzi III
President of Real Estate Sales and Development
http://www.PetersHomeFinder.com
peter@petershomefinder.com
O: 617-395-1496 x703
C: 617-233-1476
F: 617-395-6867
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