What to do if 2 siblings inherit a house buy ony 1 of them wants to keep it?

Asked on July 7, 2012 under Estate Planning, Georgia


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

The one who does not want to keep it needs to file a lawsuit called a partition.  A partition action is a lawsuit to divide jointly owned real estate.  Under the law, when you jointly owned property, each owns all of it together so it cannot be divided and sold.  A partition action gives a court power to order the property be sold either by dividing the interest or selling the whole property.

The other co-owner will, of course, have the option of buying out the interest.

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