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5 Siblings inhearted a house We let our brother stay temporally.he married & moved wife in w/out asking.Hes gone she wont leave

Centralia, IL |

5 siblings inhearted a house. Our brother was having problems so we allowed him to temporally stay for up to one year to get on his feet. We agreed if any of us came to town for whatever reason we would stay there and considered it equil access to all 5. he got married with out our knowledge and moved her in the home, again without our knowledge. He called saying he had been kicked out of the house as she got an order of protection aganst him. this is when we found out he was married and he had moved her in with him without askiing us!.I called to ask her what was going on and she called the police saying i was threatening her, I was not in any way threatening her. I texted from then on to prove what was said.She changed locks and wont let us in and wont leave. how can we get her out?

Attorney Answers 3

  1. The fact that your brother got married without your knowledge, is not relevant. However, the fact that your brother was living in the residence with his wife is relevant because it is their marital residence and his wife has a right to be there.

    As previously stated by attorney schlesinger, your brother needs an attorney to deal with the order of protection. The siblings need an attorney to handle eviction proceedings if such an action is available.

  2. Siblings will have to band together to evict IAW Illinois law. (born in Centralia-small world).

    Best of luck to you.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  3. You cannot simply evict her. She obtained the right to live there through her marriage to your brother. He has an equal ownership in the house and a complete "undivided" right to live there. If he can get a domestic court judge to remove her, that would be step one. Step two is forcing the sale of this house that's brought you all headaches. If the 5 siblings won't all agree to the sale, it will take the filing of a partition lawsuit. For that, you need an attorney. Either way, you're never going to be free of her until you hire appropriate counsel.

    Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.

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