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

Answers:

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.


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.