If I own a house with my2 brothers and I want to sell, what are my options if one or both don’t also want to sell?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I own a house with my2 brothers and I want to sell, what are my options if one or both don’t also want to sell?
I am the middle brother. My older brother has been living in my house that was left to us by my deceased mother. My older brother shows no signs of selling or buying me out; he has moved in his pregnant girlfriend. I want out before he marries her. What are my options, if any? I would like the house sold and proceeds split 3 ways.
Asked on December 14, 2011 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The siblings who want to sell have the right to pursue what is known as a "partition" action. This is a legal remedy available to co-owners of property when they cannot agree as to ownership matters; typically whether or not to sell the property. A partition allows for the division of property among the co-owners if it can be physically divided. However, where division would be impracticable (as in your situation - a single family house) a court would order a "sale in lieu of partition" and an equitable division of the proceeds among the joint owners. Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner(s) for fair market value.
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.