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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 24938
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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If a person owns half interest in a property where they live

Customer Question

If a person owns half interest in a property where they live wth another preson that lived at the same property, and one of the two dies and and the deceased left their interest to another party, what right does the living party have? The place is a house on 100 acres of pasture land.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Can you share with me the concern that the party living there has? Is their concern they may not be able to live there any longer?
Customer: replied 1 year ago.
Yes
Expert:  RealEstateAnswer replied 1 year ago.
Thank you. The person would still be able to live there. If the new owner who they share their ownership interest wants to sell the property, they can not just demand it or force it or ask the co-owner to simply vacate and rent it out to a paying tenant. If that is what they want to do, they would have to file a motion with the court and ask for a property to be partitioned/a forced sale. For that the happen, they are going to have to show good cause and a legal basis to support it. Just because they want to sell and the other person wants to live there, does not mean it is going to happen and if things can not be worked out, it will need to be litigated. Often times, an offer would be make to buy the other person out, so there is sole ownership, if they do not want to have to deal with a co-owner and having them live there. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  RealEstateAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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