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?

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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 11 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.


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