If my sister and I inherited a house 50-50, can she kick me out of it now?

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If my sister and I inherited a house 50-50, can she kick me out of it now?

We had decided that I would move in and pay her later her half but she has changed her mind because she wants her money now.

Asked on January 9, 2013 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I assume that the house that you inherited is now currently ni both of your names. That being the case, yours ister can file a "partition" action. This is a legal tool employed when the co-owners of property cannot agree as to ownership matters. The remedy of the court is to divide or partition the property equitably. However, ni the case of a single-family home this can not be done from a practical standpoint. Consequently, the court will order a "sale in lieu of partion" (i.e. a sale instead of a division). However, before doing so, the party that opposses the sale will have the right to buyout the other party for fair market value.

Since these actions are costly and time-consuming perhaps you can reach some sort of an agreement with your sister that would allow you to stay, at least for a while longer.


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