how does he have a complete undivided right to live there? origional agreement was we all 5 had equil access.even while he lived there by himself, he was to be therte no longer than one year, it has been 11 months, now hes going to jail for years and his new wife in in our house, we didnt know he was even married, he didnt ask if he could move her in, dont we still have the right to stay there if we wish just like we did when our brother was there?
The "agreement" is, unfortunately, irrelevant. He owns an undivided 1/5 interest in the house and as such each of you has an exactly equal right to live there according to the laws of property. Yes, each of you has the right to live there, but you can also give away that right to a spouse. He needs to take steps to terminate her sub-tenancy and you all need to see a lawyer to get this figured out. You simply won't be able to do this by yourselves if she keeps fighting you and won't move out voluntarily.