What can I do if my siblings want to force a sale of the house that we inherited from our parents several years ago?

We are now all on the deed.

Asked on July 19, 2015 under Real Estate Law, California

Answers:

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

Answered 5 years ago | Contributor

Unfortunately there really isn't much that you can do (at least based on the limited facts given). Your siblings can file what is called an "action in partition". This is a legal remedy imposed by the courts when co-owners of property cannot agree as to ownership matters. A judge will order an equitable division of the property, or in a case where division is impractical (such as with a single family house), a sale will be ordered and the proceeds equitably distributed. However, before the house is put on the market for sale to a 3rd party, it will first be offered to the owner who wishes to keep the property fair market value.


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