What property can be partitioned?

Get Legal Help Today

 Secured with SHA-256 Encryption

What property can be partitioned?

Will left house to 4 siblings equally, but 1 sibling was granted the right to live in property as long as she was unmarried. Will gave no specifics as to who would bear the costs of carrying the property, payment of rent to other siblings, use of property by other siblings, or length of time unmarried sibling was allowed to live in home. Now 2 siblings want to cash out of this property. Can we ask the court for an order of partition?

Asked on July 7, 2011 under Real Estate Law, New York

Answers:

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

Answered 9 years ago | Contributor

Humm.  I am so sorry for your loss and for the ensuing situation.  One would really have to review the Last Will and testament here to give any concrete guidance.  Your sibling was granted a pseudo life estate in the property it seems and the wording in the Will needs to be reviewed.  As for who is responsible for the upkeep and maintenance in the house, all of you are by virtue of the law.  Was the sibling supposed to pay rent of any sort?  I can see how it would be an issue if not.  A for a partition action, generally you can ask for partition if the house is a burden financially, etc., but the whole living there until married is an issue and the partition action may fall because of it.  Please seek legal 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 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