If there are three owners can only one sell the house?
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If there are three owners can only one sell the house?
Three sisters were left a house from their mother. But their father is to live there as long as he lives. Can one sister put everyone out and sell the home? IN SC
Asked on June 29, 2009 under Real Estate Law, South Carolina
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It sounds like the sisters were left the house subject to a life estate for the father. Thus, nothing can be done until the father passes, vacates the house or agrees to allow a sale. Once the life estate issue is resolved then yes only one sister is needed to sell the house. It is done by bringing an action for partition, which is her share of the house. Since it is a residential house and cannot be divided, she can force a sale or force the other two sisters to pay her fair market value for her share of the house. Unless the money can be raised to pay her off, the house can and most likely will be ordered sold.
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am a lawyer in CT and practice in this area of the law. If a person is giving a life estate in real estate, the person has the right to live there. You cannot kick them out because they have a legal interest in real estate. Until the father passes away, he is legally entitled to be there. I suggest that you contact a lawyer to confirm whether such a life estate exists.
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