What can I do if my sister wants to sell the house that we inherited but I do not?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my sister wants to sell the house that we inherited but I do not?
My mother made my sister and I her family Trust; she passed away 7 years ago leaving her home for us to share. I have maintained the house and for the past 3 years have paid all taxes, insurance and expenses out of my own pocket. My sister stopped contributing at that time yet she has more money than I do. Now she wants to force me to sell the house so she can give the money to her 40 year old daughter who has alcohol and drug problems. I don’t want to sell until I retire and have time to fix it up and live in it while I do. I can retire in about 3 years. Can she force this sale? I would have to dip into retirement money to buy out her share.
Asked on February 21, 2015 under Estate Planning, South Dakota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Unfortuantely she may be able to force a sale through what is known as an action for partition. That is when a joint property owner can ask the court to split the property in half and make two separate owners. Real property property can not be split so courts generally order it sold and then the proceeds split. But from what you have written you may have a way to recoup half of the funds you have enpended and use that sum to leverage a buy out. The possibly apply for a mortgage and pay it off when you retire. I would seek some financial counseling here. 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.