Question:

How do you get someone arrested for trespassing if the house isn't in your name but the house belongs to you?

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My mother died when my twin sister and I were twelve and she left us the house we were living after she died, but the house still needed to be paid off in which my uncle (my mom's brother) paid off half but then my dad, which is my mom ex-husband stepped in and took over and finished paying the house off. Now that my sister and I are 19, my dad's daughter which is my half sister moved into the house and now she doesnt want to leave. The house isn't in my name or my twin sister name, and I've told her and my dad both that if she doesnt leave I was taking this to court, but they don't care. I really need help on this. I leave to go back to school this month and I really need answers. This monday I will be going to court house as well.

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  1. Yeah, take it to court.  If your mom left you and your sister the house, you should legally own at least some part of it, whatever was already paid off but your dad owns some of it too because he paid too and your uncle could probably make his claim too.  Best would be to sell the house and everybody gets paid out their share and nothing to fight about anymore.


  2. First you need to determine who has title to the house.

    You need to do a search of the County records to determine who is the legal owner of the house.

    The legal owner is the one who has the right to determine who is permitted to live there and who is not permitted to live there.

    Next you need to contact an attorney to determine whether or not you may have some legal right to an ownership interest in the house even though you are not on title.

    the law with respect to that varies from state to state. Also there are probably many more relevant facts that you are probably not aware of that will determine whether or not you may have an ownership interest in the house.

      

  3. CALL A LAWYER!

  4. If the house is in your father's name, then legally he owns the house and if he allows your step-sister to live in it then there is nothing you can do.  It's his house and ultimately his choice as to who resides there.  I would say that you really need to get a lawyer though.  An attorney will explain the law to you and also search for any loop holes in the deed to the house so that you will know exactly where you stand legally.

  5. i assume you, along with your twin sister, have been living there for many years now. this by itself gives you a right to possess the property.

    this right means a clear, peaceful right. anybody not allowing you enjoy your right to possess the property can be taken to court, even if that person is the owner of the property.

    so you have every right to ask her to leave or else drag her or/and father to court

    but keep in mind......... things might differ from country to country

  6. If it isn't in your name you do not own it.

  7. You have NO rights to the house.

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