What can be done if 3 out of 4 beneficiaries of real estate want to sell but the other them does not?

UPDATED: Mar 11, 2015

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: Mar 11, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can be done if 3 out of 4 beneficiaries of real estate want to sell but the other them does not?

My father died over 2 years ago. He left my sister as executor and beneficiary with myself my daughter and my brother as beneficiaries. All 4 of us. My sister is renting the house (one house not anything else) for $1200 a month which is $1100 less than current rate. This is for trade work for rent. He has rented over 2 years. My brother, daughter and I want to sell. She says she wants to keep renting it because she doesn’t have the heart to give him notice due to a sick child. His parents live next door and have 4 empty bedrooms where he could live. She hasn’t given us a report now for over 2 years as requested. Can she hang on to the house as long as she wants despite our hardship?

Asked on March 11, 2015 under Estate Planning, California


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

Answered 7 years ago | Contributor

I am so sorry for your loss and for the situation.  You actually hit on the right words to force her to sell: hardship.  There is something known as an action for Partition where you ask the court to divide an interest in an asset that is jointly owned.  If it is money in an account the court divides it equally.   But if it is a house the court can not divide it so they generally order it sold and the proceeds split.  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 lock Secured with SHA-256 Encryption