Can my brother and I sell a house even if my sister is living there?

My brother, sister and I own my mother’s house. My sister lives in it and it is paid off.

Asked on September 3, 2012 under Real Estate Law, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, as long as your sister agrees to the sale or a court orders that it be sold.  If she is an owner then her signature will be required on the deed to transfer the property.  If she does not wish to sell then explore an action for partition.  

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