Can I evict my brother from our Apt? What are my rites?

As inheritor he is owner. it is not possible to evict anyone from property they own. It does not matter who pays what. He owns it, so he can not be evicted.

It appears that your brother is a part owner of the apartment now. As such he has an absolute right to occupy the unit, as do you. There's NO way that you can evict him since he's an owner. There's not much that you can do if he refuses to pay his share of the expenses, other than try to sue in Small Claims court.

You can buy out his interest if he agrees to sell it to you. Then if he refuses to leave you could evict him. If he does not agree to sell to you your only option is to file a suit for partition. If successful that will force the sale of the apartment and the division of any equity in it. Unless you buy the unit at fair market value (the courts will never allow less than FMV) you'll both be out.

If it is an apartment, you don't own the property. I assume you mean like a condo unit or multi unit complex?

lets assume that you do own the property. You need to look at the title of the property. Whoever's name is on the deed/title, then he/she is the owner. If you and your mother's name is on the deed, and she passed away, then that makes you the sole owner. If the deed only has your mother's name, and she did not give specific instructions in her will, then you and your brother are both owners to the property.

But it sounds like you guys pay mortgage on the property. If thats the case, look at the names on the mortgage. Whoever is on the mortgage has the rights to the property. if your mom is the sole name on the mortgage, and she has passed, none of you own the property. The property belongs to the bank or the lender (because their name is on the deed/title until they get all their money back from the mortgage).

it doesn't matter who pays the mortgage, in the end, its the name on the title/deed.

a rite is what you say over a dead person

you want rights.......

an inheritor is a beneficiary-- DEPENDING on what he inherited.

check out the will. IF HE did not inherit any part of the apt, you can toss him

if he did, you can sue him for non payment.......and you can go to court

to force a sale..........the court does not provide 'free rights or rides." If one pays,

all pay.......

can guide further

If he has inherited part ownership, no you can't, no matter who has been paying. If she didn't leave a will, he doesn't inherit the property, you become sole owner the moment she dies. So yes, in that scenario you can evict him.

It's RIGHTS, not rites.

If your brother has inherited the flat, is he not also a part owner?