AITAH for Evicting My Sister from My House Before She Claims Squatter’s Rights?
A woman (30s) has been letting her sister live with her since 2022 following their mother’s passing. The sister has faced health and employment struggles, and while the woman offered temporary housing, she set clear boundaries and expectations.
After a year, the woman asked her sister to find a new place by Spring 2024, offering help with moving costs. However, in December 2024, the sister is still living with her and is now expressing concern about being able to move out in time.
The woman is frustrated, especially after her sister claimed a portion of the house because their mother’s name was on it. read the original story below…
‘ AITAH for Evicting My Sister from My House Before She Claims Squatter’s Rights?’
My mother passed away in 2016. She had stage 4 lung cancer among other health issues. My older sister, who had been distant, finally stepped up and handled our mother’s hospice care during her last year with us.
I had bought a house and put my mother’s name on it so she would have a home in her older age. Needless to say, my sister got power of attorney while our mom was in hospice and created a will for her.
I told my sister, who was staying with a friend, that if she needed a place to live, she was more than welcome to stay with me. I made it clear that this wasn’t a permanent arrangement and that she would eventually need to move out.
I also told her she could decorate as she liked to make herself feel at home, but I asked her to leave certain areas—like the backyard and kitchen—to me. My goal was to make her feel comfortable while she was staying with me.
Life happens, and I know not everything goes as planned. My sister is a cancer survivor and has had complications after recovery. At one point, she had to be on bed rest for a few months, so I made sure she was comfortable and didn’t have to worry about anything.
During that time, her daughter also moved in to help her recover. My niece had been living in NYC, but her lease was ending, and they asked if she could stay with me temporarily while she figured out her next steps.
When my sister first moved in, I helped her find a few jobs. We live in a bigger city, and she didn’t know anyone here. However, she’s had about six or seven jobs since moving in, and none of them worked out for her.
From what I’ve gathered, there’s always some kind of drama with her managers or coworkers. Eventually, I had to stop finding her jobs because I started losing friends over it.
Now to the heart of the issue: Last year, in December 2023, I let my sister know that my girlfriend and I wanted to take our relationship to the next level, and I asked if she could please find a place to live by Spring 2024.
I thought she understood me, but by spring, I realized that wasn’t the case. When I asked if she had found a place to live, she was shocked. Then she became angry, saying she felt like I was kicking her out.
She also brought up my house, claiming she was owed a portion of it because our mother’s name was on it. After I got her to calmly talk to me, we discussed things further. She eventually agreed to look for a place within the next six months (this was in March 2024).
I told her I would help her with rent money and moving costs to make the transition easier for her. When she asked about a timeline, I said six months should be plenty of time to find a place and move out, but I asked her not to make me wait another year.
It is now December 5, 2024. She texted me this morning saying, “What if I can’t find a place by the 15th? What do you want me to do?” and “How am I supposed to pack in two weeks?”
I didn’t check in with her weekly about her search for a place, but I figured she was an adult who could handle it. If she had asked me about storing some of her things here until she got settled, I have said that’s fine—I didn’t expect her to move everything in one go.. So, am I the a**hole here?
Here’s the input from the Reddit crowd:
Sebscreen − It’d be more useful to consult a lawyer for legal advice rather than moral advice here. Find out if your late mother’s ownership passed to your sister as well as how “squatter rights” work in your area.
beek_r − NTA But, you’re going to have to be more firm and stay on top of this. Obviously, your sister has gotten comfortable taking advantage of you, and is expecting you to continue being her emotional/financial support.
If you want her out, you’re going to have to stop expecting her to be a responsible adult and treat her more like a lazy teen ager. Give her a drop dead date – “You have to be out of the house by xx date.
You’re an adult, you can do what you want, and it’s not my responsibility to pack you up.” Get everything documented and in writing to protect yourself, because obviously she’s going to kick up a fuss and make your life difficult as soon as she realizes that you have nothing more to offer her.
winterworld561 − Dude, she hasn’t been looking for anywhere else to live. You’ve given her a year now and she still hasn’t gone anywhere because she has no intention on doing so. You need to find that shiny spine and tell her to get the f**k out now. She has taken advantage of you for long enough.
Readsumthing − NTA. I’m sorry this has happened and that so few redditors have jumped to condemn you without taken a couple of seconds to google joint tenancy with rights of survivors:
A “joint tenancy with right of survivorship” means that when two or more people own a property together, upon the d**th of one owner, their share of the property automatically transfers to the surviving owners without going through probate,
essentially giving the surviving owner(s) full ownership of the asset; each owner has an equal interest in the property and the right to use and possess the whole thing. Key points about joint tenancy with right of survivorship:
Equal ownership: All owners have an equal share in the property. Automatic transfer: When one owner dies, their share automatically passes to the surviving owners. No probate needed: The surviving owner(s) inherit the deceased owner’s share without going through the probate process.
Successful_Image3354 − I am a lawyer, and I am a bit befuddled by some of the comments. OP, you are right as to joint tenancy with rights of survivorship, but I am a little confused as to why you chose to do it that way.
C’est la vie- what’s done is done, and it doesn’t matter now. You are the survivor and you own the home. I am more confused about the alleged issue of squatter’s rights. Unless I missed something in law school (its been 40 years now) your sister has no squatter’s rights.
Squatter’s rights arise when someone openly and notoriously takes dominion over your property against your wishes. Your sister is living with you with your permission. Hence, no squatter’s rights. What you do have, however, is a landlord/tenant issue.
She is your tenant, and you need to follow your state’s laws regarding eviction. Every state is different, but where I practice, you would have to serve her with a Notice to Quit and Demand for Possession, allow her some time,
and if she fails to leave you would need to file an eviction action. I am over-simplifying, since there are also potential issues regarding protected tenancies. Go talk to a lawyer in your jurisdiction and follow his or her advice. There are potential penalties if you do it wrong.
Performance_Lanky − NTA but YTI (You’re The I**ot) for giving her so many chances and offers of assistance. Lawyer up and don’t offer any more help like storing her stuff, or paying for her to move. And yes, kick her out before she can kick you out by changing the locks and claiming squatters rights.
Tall-Negotiation6623 − Talk to a lawyer. It’s only gotten this far because you didn’t handle it properly last year and made sure she was actually going to leave.
ogo7 − NTA. I don’t think your sister has any intention of ever leaving. You’re going to have to set a hard date and follow through regardless of what her situation is. I would consider serving her with an official notice to be out by x date. Good luck!
Freeverse711 − I have no idea why you would put your mother’s name a house you bought. Did you not know your mother could live in your house full time without her name on it?
softlavenderwhisperr − Her claim that she’s owed a portion of the house because your mother’s name was on it is unfounded, especially since it’s a Joint Tenancy with Right of Survivorship Deed,
meaning the property automatically transferred to you upon her passing. If she had concerns about ownership, she had nearly eight years to address them legally, and it’s unfair to weaponize it now as a stalling tactic.
It seems the woman has been generous in offering her sister a place to stay for a long time, even helping with jobs and financial support. However, her sister’s reluctance and failure to find a solution on her own has put strain on their relationship.
Is the woman wrong for holding firm on her boundary or is she justified in wanting her space back? What do you think? Share your thoughts below!