Canmy brother force the sale of co-owned home if it is my place of residence?

UPDATED: Jun 3, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 3, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Canmy brother force the sale of co-owned home if it is my place of residence?

I have been living in the home for 40 years. My brother has not resided in the home for 15 years. It was our now deceased parents home. My mother had become ill and I was her primary caregiver for 14 years. During that time the home ownership was transferred to my sibling and myself. I no longer am able to work as I am permanently disabled and live on a fixed income. Do my circumstances have any weight in preventing my sibling from forcing a sale of the home?

Asked on June 3, 2011 under Real Estate Law, New York


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for your situation.  You and your sibling have the exact same rights in the home.  So he could force a sale as you could as well.  What he would probably do is start an action for "partition" which is an action that asks the court to split an asset in two based upon the title and ownership.  With money it is easy: the court just orders the bank account split in half.  With real property it is not so easy because you can not divide a house in two.  So the courts generally order a sale of the asset and the proceeds split between the parties.  Is there any way that you can but him out of his half?  Real estate has deprecated somewhat over the years and maybe the condition of the market now would give you an edge to negotiate a sum a bit below market value.  Get some help.  Good luck. 

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 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 lock Secured with SHA-256 Encryption