How does a co-owner divide real estate?

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How does a co-owner divide real estate?

My father passed away 17 years ago. My mother, sister and I acquired our home through probate. My father’s sister was the executor and owe her and her lawyer money. Hence they put a lein on the house for their fees. The property was transferred over to our name 11 years ago. Fast forward to now, I am of age, and own the house with my sister and mom. We do not speak and have a very bad relationship. I’m now stuck and want to divide the house. Is that not the job of the executor? No one wants to get the ball moving on dividing the property or do what is best for all. I just want to divide seeing that I’m the only one that pays for everything and my mother and sister don’t have a job. No one has money for a lawyer.

Asked on November 24, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you and others own the subject property jointly the only way to resolve the ownership impasse is for one owner to buy out another owner's interest of place the entirety of the property on the market for sale. As to subdividing the property into separate units such may not be allowable under local zoning laws.

Since you cannot afford a lawyer, I suggest that you consult with your local legal aid clinic for assistance.


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