Can my brother force a sale on a house that we own if my children are living here with me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my brother force a sale on a house that we own if my children are living here with me?
My children and I moved in with my mother 5 years ago. Her name only is on the mortgage. She passed away 2 years later. My brother and I paid the house off in cash and 2 years ago I invited him to move in. He’s been here since. He has a girlfriend and let her move in for about a month. However, things went ugly and now he’s threatening to take the house from me and force a sale. What are my rights?
Asked on July 11, 2017 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When co-owners of property cannot agree as to ownership matters, any co-owner can force a sale of the property. The action under which this is done is called "parition". In a partition action, if a property can be equally divided, the judge will so instruct. If, however, division is impractical (as in the case of a house), then the court will order a sale with the proceeds to be distributed equitably. That having been said, before that any owner who wants to keep the property will be given the chance to buy out the other owner(s) for fair market value. Otherwise, it will be offered for sale to the general public.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When co-owners of property cannot agree as to ownership matters, any co-owner can force a sale of the property. The action under which this is done is called "parition". In a partition action, if a property can be equally divided, the judge will so instruct. If, however, division is impractical (as in the case of a house), then the court will order a sale with the proceeds to be distributed equitably. That having been said, before that any owner who wants to keep the property will be given the chance to buy out the other owner(s) for fair market value. Otherwise, it will be offered for sale to the general public.
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.