What can be done if a house was left to 2 daughters and they are at odds as to what to do with it?

My grandpa left his paid for house to 2 of his 3 daughters; 1 daughter wants to sell but the other 1 wants to sell only if the sister agrees to split it 3 ways with the sister who the house was not left to. Neither wants to buy the other out. Both have their own homes and there were very good reasons he didn’t leave it to all 3. Can the sister who wants to sell make the sister who doesn’t, buy her out? The taxes, upkeep, etc. are going undone and the house is going down. Legally, what can the sister who wants out and from under the house do?

Asked on September 25, 2018 under Estate Planning, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The sister who wants to sell can go to court and file for a "partition". In such an action, the judge will order that the property be divided or "partitioned" if possible. If not (such as in the case of a single family home), then it will be ordered that the property be sold via a "sale in lieu of partition". Accordingly, the property will be placed on the market and sold for fair market value. The proceeds will then be equitably distributed between the owners. First, however, any owner who wants to keep the property will have the right to buy the other owner out.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The sister who wants to sell can go to court and file for a "partition". In such an action, the judge will order that the property be divided or "partitioned" if possible. If not (such as in the case of a single family home), then it will be ordered that the property be sold via a "sale in lieu of partition". Accordingly, the property will be placed on the market and sold for fair market value. The proceeds will then be equitably distributed between the owners. First, however, any owner who wants to keep the property will have the right to buy the other owner out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.