If there are three owners can only one sell the house?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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 11 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. 


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