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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53976
Experience:  29 years of experience practicing law, including tax and estate planning.
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When my mother passed away my sister, brother and myself are

Customer Question

When my mother passed away my sister, brother and myself are fighting over the property. It was split between us 3. I've lived here all my life. They haven't lived here for over 50 years after they got married. The property tax is paid by myself and is addressed to me and the exemption of $8o,ooo is for me for being over 62 years old. They have their own homes. I was born here and I don't want to move. What will happen if they take me to court? Thank you.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Richard replied 11 months ago.

Hi there. My name is ***** ***** I look forward to helping you.

Unfortunately under the law, when there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court would order the house sold. BUT, partition suits can be time-consuming and expensive so in many cases co-owners are simply not willing to go to the time and expense of pursuing a lawsuit. But, should they do so, they could force the sale of the house.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you they could not force a sale, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Expert:  Richard replied 11 months ago.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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