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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?

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Attorney answers 3

Posted

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.

Asker

Posted

Do you think we have any right to stay there as well, its a 4 bedroom, shes there by herself! I know it would be very uncomgfortable, but do you think we can do it? if i moved in because the origional agreement was any of the 5 siblings can come and go as we please, can i go in and stay in my old bedroom?

Judy A. Goldstein

Judy A. Goldstein

Posted

This is not the Waltons or the Beverly Hillbillies. The siblings presumably all have other places to live. Why are you considering making a bad situation worse?

Asker

Posted

Centralis is 80 mile from where i live, if i vist for a day or two i dont see why i should rent a hotel room when i part owner of this house i grew upp in, was raised in, is very special to me. You know judy, you insulted me on my typing"which is due to a severe back injury and now you insult me because i ask a simple question about a home that is very dear to my heart and i want this slut out of the home i was raised in! shes flunked drug tests repeatedly while supposedly trying to get her daughter back from the state. a little class please!

Asker

Posted

please answer this question please, dont we also have a right to be there, if we procede with eviction procedure if one of us wishes to stay for a night or two can she legally stop us, do we have a legal right to stay in our house. i dont see how this womans rights could outweigh the rights of the owners 4 of which had no idea she was even there nor were we asked! please answer if i want to go for a day or 2 no matter how uncomfortable it may be, can i legally do so?

Judy A. Goldstein

Judy A. Goldstein

Posted

You said I insulted you and implied I have no class. I am not inclined to offer any further discussion.

Posted

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.

Asker

Posted

Do you think we have any right to stay there as well, its a 4 bedroom, shes there by herself! I know it would be very uncomgfortable, but do you think we can do it? if i moved in because the origional agreement was any of the 5 siblings can come and go as we please, can i go in and stay in my old bedroom?

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Probably you can. Donuts to dollars she will call police and they'll have a hard time separating the who'its from the what'its and tell you to take it to court.

Asker

Posted

since we never had any agreement with her of any kind, we didnt have knowledge of her being there nor did we know our brother had married. i think if i went for a few days she might leave, shouldnt she have to take us to court if she didnt like me staying there since the origional agreement was all 5 come and go whenever we want, if she wants to change the origional agreement she should have to take me to court!???

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Your last paragraph says you have no agreement of any kind, your last makes reference to an original agreement....which is it? Like I said earlier, see a local attorney. Best of luck to you.

Asker

Posted

There was no agreement of any kind with my brothers wife as we did not know he had moved her in nor did we know he married her. the origional agreement was between the 5 siblings who inheareted the house that any one of them could stay there any time either one of them was in town.we had no agreement with her what -so -ever, we didnt know he was married, we didnt know she had moved in. he was supposed to be thyere by himself, in addition, he was supposed to pay the utilities, they are way behind, he was supposed to keep up with the taxes, he did not.

Posted

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.

Asker

Posted

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?

Robert Jeffrey Long

Robert Jeffrey Long

Posted

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.

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