What happens when only one party wants to sell inherited property?

My brother and I inherited a quick claim deed “jointly and with full rights of survivorship” from our mother.

Asked on November 13, 2013 under Estate Planning, California


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

I am assuming you want to sell and your brother wants to keep the property. You can petition a court to allow you to partition the property. Then the property would be auctioned and sold, with the sale price divided between you and your brother. (By the way, the fact that you are joint tenants with right of survivorship does not prevent you from filing a partition action or selling your interest in the property). 

However, it will be less expensive, faster, and better for family relationships if you allow your brother to buy your share of the property. You should offer this option to your brother before you consider heading off to court. 

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