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Real estate

My father retired and left his
home to me and my sister and
brother.the home is paid off.I
solely have paid all the
utilities and upkeep for the
past 2 1/2 years.they live
inside the home i converted the
garage into an apartment for
myself and wife. My siblings
refuse to pay any bills what
steps can i take to force them
to pay or even options to buy
them out?

Asked on January 22, 2017 under Real Estate Law, Florida

Answers:

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

Answered 4 years ago | Contributor

Co-ownership can be terminated by a procedure called “partition”. This is the legal tool employed by courts in situations when joint owners of property cannot agree as to ownership matters. Partition allows for the division of the property among the owners. Accordingly, if a property can be physically divided the court will instruct that it be done. However, if division would be impracticable (such as in the case of a single family house), the court would order a "sale in lieu of partition" with an equitable division of the proceeds among the co-owners. However, before doing, the court would permit one of the co-owners to purchase the interest of the remaining co-owners at fair market value.


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