You can evict a brother from inherited property only if you hold sole legal title and he owns no share of it himself. If the two of you inherited the house together, eviction law does not apply to him at all.
You would need a partition action instead. Which path applies to your situation depends on how the property is titled and whether the estate has finished probate.
This guide covers both scenarios. Laws vary by state, so treat this as a starting point, not a substitute for advice from a licensed attorney in your state.
Key Takeaways
- A sole owner can remove a brother from a property using the same court process a landlord uses to remove a tenant.
- Joint owners cannot evict each other. A partition action is the legal tool used to force a sale or division.
- Changing locks or shutting off utilities without a court order is illegal in every state, regardless of family relationship.
- Whether the estate is still in probate or has already closed changes who has legal authority to act.
- Eviction cases typically take seven to sixteen weeks from notice to enforcement, longer if contested.
Can You Evict a Brother From an Inherited House?
Yes, but only under specific conditions. You must hold sole legal title, and your brother must have no ownership interest of his own.
If he inherited a share of the property along with you, the law treats him as a co owner, not as a tenant, and standard eviction rules do not apply to him.
Inherited property situations usually fall into one of three patterns. In the first, a Will or trust names only one sibling as the new owner, and the other sibling is simply living in the house without a title interest.
In the second, siblings inherit together as tenants in common, each holding a legal share. In the third, the estate has not yet closed probate, so no one holds final title yet.
The first pattern is the only one where eviction is the correct legal tool. In the second and third patterns, different processes apply, which the next sections walk through.
Confirm the Property’s Legal Status Before You Do Anything Else
Start by finding out exactly whose name is on the title and where the estate stands. Acting before you confirm this can cost you time and money, since a court will dismiss an eviction filed against a co owner.
Pull a copy of the deed from your county recorder or assessor’s office. It will show every name currently on title.
If your name is the only one listed, you likely have sole ownership. If your brother’s name also appears, or if the deed still lists the deceased parent, you are dealing with either shared ownership or an open estate.
Next, check the probate status. If the estate has not closed, the personal representative or executor controls the property, not the heirs individually.
Before taking any action against an occupant, even a sibling, that person may need court approval. A probate attorney or the clerk managing the estate case can clarify the current legal status.
If You Are the Sole Legal Owner: Removing Your Brother From the Property
If your name is the only one on the deed, you can remove your brother the same way a landlord removes a tenant. This process runs through four steps, from documentation to enforcement.
Step 1 of 4: Document the Living Arrangement
Write down when your brother moved in, whether he pays anything toward rent or expenses, and whether there is any written or verbal agreement between you.
Courts look at this history to decide whether he is a tenant, a guest, or someone with no legal right to stay.
Save texts, emails, or bank records that show payments or the lack of them.
Step 2 of 4: Send a Formal Notice to Vacate
Every state requires a written notice before you can file an eviction case. The required notice period ranges from a few days to thirty days, depending on your state and the reason for the notice.
Deliver it in writing, keep a copy, and use a method that proves delivery, such as certified mail or a process server.
Step 3 of 4: File an Eviction Lawsuit With the Court
If your brother does not leave by the deadline in the notice, file an eviction case, often called an unlawful detainer action, in your local court.
You will need the deed showing your ownership, a copy of the notice, and proof it was delivered. The court schedules a hearing where both sides can present their case.
Step 4 of 4: Enforce the Court Order Through Law Enforcement
If the judge rules in your favor, the court issues a writ of possession. Only a sheriff or other law enforcement officer can carry out the physical removal.
You cannot change the locks, remove his belongings, or shut off utilities yourself. Doing so is an illegal self help eviction in every state and can expose you to lawsuits and monetary penalties.
Explore This: What Legal Rights Does Your Next of Kin Have After Your Death
If You Co Own the Property With Your Brother: File a Partition Action Instead
You cannot evict a co owner, no matter how small his ownership share is or how much more of the expenses you cover.
Eviction law applies to the relationship between an owner and a non owner occupant. When you and your brother both hold title, you are legal equals in the eyes of the court.
The tool for resolving a deadlock between co owners is a partition action. Any co owner can file one, and the ownership percentage does not matter.
A person holding a small minority share has the same right to force a sale as someone holding the majority.
Before filing, consider a direct buyout. You offer to purchase your brother’s share at a fair price, based on an appraisal, and he transfers his interest to you.
This is faster and cheaper than going to court. If he refuses or you cannot agree on a price, the partition process moves forward.
A partition action generally follows this sequence: one co owner files a complaint asking the court to divide or sell the property, all other owners receive formal notice, the court orders an appraisal or accounting of the property’s value, and the judge decides whether to physically divide the land or order a sale with proceeds split according to ownership share.
Conclusion
Start by pulling the deed and confirming exactly who holds title and whether probate has closed.
If you are the sole owner, follow the standard eviction steps: document the arrangement, serve written notice, file with the court, and let law enforcement handle removal if it comes to that.
If you and your brother both hold title, skip eviction entirely and look at a buyout or a partition action instead. Because the specific notice periods, forms, and court rules differ by state, confirm the current requirements in your state or speak with a licensed attorney before filing anything.
