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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23978
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Brother and sister inherit property. One wants to sell and

Customer Question

Brother and sister inherit property. One wants to sell and the other does not. What now?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. Is there any reason for the dispute? Is it just a matter of one wanting to keep it in the family and the other wanting to sell and get money?

Customer: replied 1 year ago.
That is correct.
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. The burden will be on the moving party, to convince the Judge that there is a need/basis to force the sale of the home. The Judge is always going to act in the best interest of the parties, so they need to present evidence to show why it is better and necessary to sell the home, rather then continue to keep ownership. If the sibling does file suit, you do want to retain counsel, as these matters could get tricky. I have provided a link below, that provides the rules and statutes and what must be shown and done, to succeed. There is no way to know who will win or lose, until you know the basis for which they are asking that the home be sold.

http://www.kinseylaw.com/clientserv2/civillitigationserv/realestate/partition/partition.html

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 at the top of this page, 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!

Expert:  RealEstateAnswer replied 1 year ago.

I am not able to speak over the phone with you but happy to answer any additional question which you may have.

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