If 4 siblings jointley own a home and all are listed on the deed, since 2 want to sell and 2 do not want, can a sale be forced?

Get Legal Help Today

 Secured with SHA-256 Encryption

If 4 siblings jointley own a home and all are listed on the deed, since 2 want to sell and 2 do not want, can a sale be forced?

My sister and I have been on SSD for more than 10 years. We have lived in the family home and taken care of our elderly mother during 5 years of this time. Our mother and father are both now deceased. We (the 2 on disability) do not want to sell but the other 2 siblings do want to sell. What rights do we have, if any?

Asked on August 5, 2012 under Real Estate Law, Louisiana

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If all four of you are owners of the premises, any owner may attempt to obtain his/her fair market value of the house. If you can not work it out, your siblings can sue you and your other holdout sibling for a partition of the premises. If is was vacant land, it could be divided up eaully and you each keep your share to so with it as you wish. Since it is is home, unfortyunately the court has no choice but to force you to sell the house in order to give your two siblings their rightful share. You and your sister would get credit for any taxes or other payments that you may have made but you would have to sell the house or come with the money on your own.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption