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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6776
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I am one of three siblings that inherited my fathers farm in

Customer Question

I am one of three siblings that inherited my fathers farm in Sheridan, Indiana. We are all on the new deed. Of course we cannot agree on selling it. I want to know can I sell my third of the farm I own and if I can how do I get my name off the deed and be completely free of any legal ties to the property?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Irwin Law replied 1 month ago.

Hello and thanks for using JUST ANSWER. Under Indiana law, you and your siblings are Tenants In Common. Yes you can sell your one-third interest. Does your buyer wish to buy a specific section of the farm which would represent your third, or simply buy your one third interest in the whole. That would make him/her a partner with your siblings. Is the farm capable of being physically divided by survey into thirds which are equal in value?

Customer: replied 1 month ago.
The buyer would simply buy the one third interest. The reason is there is a home and out barns and tillable farm land so a specific section cannot be divided off. I just want to get rid of my third and have no legal liability in it anymore.
Expert:  Irwin Law replied 1 month ago.

That can be done simply by selling, and deeding to the buyer your "undivided one-third" interest in the total parcel. You should be aware that any of the three tenants in common can force a sale of the property via a partition suit. That takes you off the title and liability for post transfer events. Your attorney can prepare the appropriate sale agreement and deed. Hope all goes well. Sheridan is on one of my longer bike rides. I'm in Indy.

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