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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 24595
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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My sister and I inherited our parents home when my mom passed

Resolved Question:

My sister and I inherited our parents' home when my mom passed in July, 09 (father passed away in 99). My sister has since lived in the house, and although she originally said she would pay me some rent every month until she could buy my half (she pays the $250 a month mortgage payment, was going to keep up the house and pay insurance and property taxes, so the amount she was going to pay me a month was very minimal), she has not paid me anything. Now she claims it will be 4 years before she will think about buying my half. I am out of work and need the money now.

Is there any way I can force the sale of the home? In addition, since she has been paying the small mortgage payment over the past year ($250 a month), along with the taxes (although she has not paid the 2010 taxes yet!) and insurance, could she legally claim that she deserves a greater percentage of the home because of this?

I'm so devastated that my sister has treated me this way. She hasn't spoken to me in almost a year, and won't respond to my e-mails or phone calls. I fear that perhaps she has found a way to "steal" my half of our parent's home from me. I need somebody to help me know what to do, please! My parents were not wealthy and this is all they have left us, I cannot afford to lose my half of the house. What can I do?

I don't want to force her to move or sell it out from under her, but I also want some way to protect myself so that within a specific time period she will definitely either buy my half or we will sell the house.

Also, if she does not pay the 2010 taxes due on the house, what will happen? Will I have to pay them? Or will the house be taken by the government?

Thank you
Submitted: 3 years ago.
Category: Estate Law
Expert:  Barrister replied 3 years ago.

Hello,

 

Your recourse would be to file a lawsuit for "partition". This is a suit where a judge orders a property sold so that an owner can "cash out". It is an absolute right and can not be denied.

.

Sister would be able to add in any mortgage payments/taxes/insurance that she had paid into her portion of any proceeds, but you could also argue that since she was receiving the benefit of living rent free, the court should offset this amount by a reasonable rental rate of $250/month.

.

So you would need to get a real estate attorney to file the partition suit to get a judge to order the house sold.

.

.

thanks

Barrister

 

 

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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 24595
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
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