If 2 brothers inherit equal undivided shares of land, how can it be divided?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If 2 brothers inherit equal undivided shares of land, how can it be divided?
One brother wants to sell the other doesn’t. These brothers do not get along and will not agree. How can the brother that wants to sell go about getting the land divided? How long will this take?
Asked on July 7, 2012 under Estate Planning, Texas
Answers:
Brad Micklin / The Micklin Law Group
Answered 12 years ago | Contributor
It depends on the status of the probate matter. If the matter is still in probate, the executor may have the authority to decide what to do with the property, whether to sell it or to give it to the brothers equally.
If the executor gives the property to the brothers equally, one can file something called a partition action. A partition action is a lawsuit when people jointly own real estate and cannot equally divided it. The court can order a buy-out or to have the property listed for sale.
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.