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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37026
Experience:  Texas lawyer for 30 years in Estate law
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I am administrator of the my husband estate. I do probate

Customer Question

I am administrator of the my husband estate. I do probate without an attorney. My husband has a previous marriage. During divorce with his wife he received half of the house that they owned together. His ex-wife doesn't want to move out of the house and sell it. She doesn't want to pay me my 25% of the house (there is also a son who is getting 25% as well). What should I do? Should I file a separate law suite?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Yes your remedy here is partition suit.This is a court ordered sale of the property.All your legal fees, court costs, costs of sale ,etc
are taken off the gross sales price and then the net funds are divided here according to ownership.
This is the legal remedy when one party doesn't want to sell.The court will also evict her here to force resolution of all of this.
Reference
http://real-estate-law.freeadvice.com/real-estate-law/real-estate-law/sale-of-jointly-owned-property.htm
Good video here..
http://real-estate-law.freeadvice.com/real-estate-law/real-estate-law/sale-of-jointly-owned-property.htm
I appreciate the chance to help you .You can force a sale here with partition suit.
Expert:  RayAnswers replied 1 year ago.
Free forms for you, it appears you are i n California this is field in
Superior Court same as probate.
http://www.kinseylaw.com/attyserv/civil/complaints/partition.html
Thanks again and god luck with this partition suit.
Expert:  RayAnswers replied 1 year ago.
California partition law for your reference.
http://codes.lp.findlaw.com/cacode/CCP/3/2/10.5
This is called a partition by sale.A partition in kind is where court divides up raw land here that would not be possible.
More
http://www.partitionaction.com/states/california/http://www.partitionaction.com/states/california/
Thanks again.
If you can leave a positive rating it is always much appreciated.

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