What are the co-owners rights on selling house?

My wife parents passed away 3 years ago. The Last will and testament states all 3 siblings inherent the property, My wife, her sister and brother. Everything has been through probate, My wife and her brother want to sell the

property, Her sister does not want to sell, she actually moved into the property 3 years ago and continues to live there and refuses to sell, She is 1/3 owner How can my wife and brother sell the property to collect there inheritance?

Asked on June 6, 2017 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can bring a legal action for "partition": that is, for  court order directing that the property be sold and the proceeds distributed to the heirs. Such an order can also potentially adjust the distribution, so that if you sister-in-law has been getting the benefit of living rent-free, she now receives less money in compesation; and it can require your sister-in-law to vacate and cooperate in the sale process. Speak to a real estate, not probate, attorney about his.

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