How do I get my share of property that I own a quarter interest in?

UPDATED: Sep 30, 2022

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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I get my share of property that I own a quarter interest in?

My grandma died and left half of her property to my brother and I, and the other half to a distant cousin;, which means that a quarter of the property is mine My brother has lived there for 2 years. I want to be bought out or the property sold so that I can get my share.

Asked on June 8, 2016 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, the property, if not already done, will need to get the property into the names of the heirs (i.e. your cousin, brother and yourself). You can then employ the legal remedy of "partition". This is an action available to co-owners of property when they cannot agree as to ownership matters. A partition allows for the division of property if it can be physically divided. Where division would be impracticable (i.e. a single family residence) a court would order a "sale in lieu of partition" and an equitable division of the proceeds would be made among the owners. However, before a sale is be ordered, the court would permit a co-owner to purchase the interest of the remaining co-owners for fair market value.
However this can be a time-consuming and expensive process. Perhaps once your brother is informed of all of this he will agree to a sale. At this point, you should consult directly with a local real estate attorney who can advise you further.

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