Can one heir legally sell property that hasn’t been divided?

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Can one heir legally sell property that hasn’t been divided?

My grandfather left property to my mother and her siblings. It is a double wide mobile home and 24 acres. My husband and I have lived in the home and paid the property taxes for 4 years. Can my uncle actually sell his part if it has never been divided?

Asked on March 30, 2012 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You mean the the property has never physically been divided, correct?  What your Uncle can sell is his interest in the land.  That is what he owns.  The new owner can then try and force a subdivision of the property through a partition action which is an action that requests that the court split the asset.  In cases of homes and real property the courts generally order the asset sold and the proceeds divided (you can not split a house). But maybe here the property can be divirded.  Is your share you Mother's share?  I can not tell if you even have a right to object here.  Please seek legal help.  Good luck.


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