Can one member of joint property force legally to initiate partition deed?
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Can one member of joint property force legally to initiate partition deed?
We have a property in name of my mother, married sister and mine, recently got transferred from my deceased father. My sister-in-law and sister pressurized us to change the name from father to include her name but she never taken any responsibility of my parents. Currently I am taking care of my mother but my sister not contributing anything to my mother financially but claimed her part of property. My married sister does not wants to do partition now and asking us to do the same once my mother dies.
Asked on September 20, 2017 under Real Estate Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
I'm not exactly clear as to your circumstances. However, the law is that when co-owners of propety cannot agree as to ownership matters, then the legal remedy of partition is available. In a partition action, the court can either order that the property can be divided it possible; if not then the court will order that it be sold. At that point the proceeds will be equitably divided. First, however, any owner who wants to keep the property will have the right to buy the others owners out for fair market value.
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