How can I legally evict my brother from a home that he has an ownership interest in?
My 3 siblings and I own my parent's house. One of the siblings is living in the house. We all agreed to sell the house and the sibling living in the house is now causing problems with the Realtor who is trying to sell the house. What can we do to evict my brother from the property?
Probably, the only way you can do anything here is by you, and ideally your other two non-resident siblings as well, file a complaint for partition, asking the court to order the sale of the house to divide up the ownership interests the four of you share. In that context, the court would have the authority to order your brother not to interfere, and even to order him out before the sale although that would probably take some relatively extreme, or extremely persistent, behavior on his part.
The eviction process doesn't apply here, because this isn't a landlord-tenant situation.
Since your brother is an owner and not a tenant, an eviction proceeding is not available to you here.
However, the law provides an equitable remedy known as "partition". This means the division of property among co-owners. Real property held by co-owners as a tenancy in common or a joint tenancy may be partitioned.
If a property can be physically divided the Court will so instruct. However, here division would be impracticable since we are dealing with a single family dwelling. In this instance, the Court will either (1) order a sale of the property and an equitable division of the proceeds among the co-owners; or (2) order a partition which would permit one co-owner to purchase the interest of the remaining co-owner instead of a physical division of the property or a court-ordered sale.
Since this would be a court-ordered sale, if your brother attempted to disrupt the process he could be held in contempt of court and jailed and/or fined. He could also be forcilby removed from the premises.