How to force a sale of a co-owned house?

My wife and sister inherited a house upon the death of their mother. The sister has been renting the house and not paying my wife or the back taxes. How can we force a sale of the house?

Asked on March 9, 2018 under Real Estate Law, Texas

Answers:

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

Answered 2 years ago | Contributor

The law provides as remedy in a case such as this. It is called "partition". In a partiton action, the court will order that the property be divided, if possible. In not (as in the case of a single family house), the court will order a "sale in lieu of partition". In such a sale, the property will be offered to the public for fair market value and when it sells, the proceeds will be equitably divided among the owners. First, however, any owner who wishes to keep the property can offer to buy out the other owner(s). At this point, you can consult directly with a local real estate attorney who can best advise further.

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

Answered 2 years ago | Contributor

The law provides as remedy in a case such as this. It is called "partition". In a partiton action, the court will order that the property be divided, if possible. In not (as in the case of a single family house), the court will order a "sale in lieu of partition". In such a sale, the property will be offered to the public for fair market value and when it sells, the proceeds will be equitably divided among the owners. First, however, any owner who wishes to keep the property can offer to buy out the other owner(s). At this point, you can consult directly with a local real estate attorney who can best advise further.


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