If I’ve co-owned a vacant lot in with my mother for 35 years, don’t I have to agree to a sale?

UPDATED: May 29, 2014

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: May 29, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’ve co-owned a vacant lot in with my mother for 35 years, don’t I have to agree to a sale?

The lot cost $11,000 but my portion paid into is about $7,000. My mom is now in a retirement home and my oldest brother is now the custodian for her affairs. He wants to sell her house and all properties in her name. I’ve told him I will not sell if the proceeds are less than 64% which I feel is my stake in the property. He said he’s going to sell it and split it between all 5siblings. Can he do that? Don’t I have to agree to the sale as co-owner?

Asked on May 29, 2014 under Estate Planning, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Are you on the title for the lot? If it is titled to you (whether instead of or in addtiion to your mother), then no, your brother, despite being the custodian of your mother's affairs, cannot sell the lot without your permission, without obtaining a court order directing the sale and distribution of the proceeds. (The law allows an owner or owner's representative to petition for sale and distribution in cases where the owners cannot agree on what to do.) Furthermore, in this case, you should automatically get your share of the proceeds if the lot were sold, and your brother could only distribute your mother's share among the other siblings--as an owner, you'd be entitled to the proceeds.

However, if you are not on the title, you are *not* an owner; if your mother is the only person the title, she or her representative can sell the lot despite your investment in it, though you may have a claim for a larger share of the proceeds based on your investment.

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 lock Secured with SHA-256 Encryption