How does a co-owner divide real estate?

UPDATED: Nov 24, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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 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.

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