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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54725
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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OUR BIOLOGICAL MOTHER PASSED APRIL 22, 2015. OUR STEPFATHER

Customer Question

OUR BIOLOGICAL MOTHER PASSED APRIL 22, 2015. OUR STEPFATHER PASSED JAN 4,2015 WITH NO WILL... MY MOTHER HAD ONE.
WE HAVE TWO STEP SISTERS IN GREENVILLE SC THAT ARE FIGHTING CONTROLL OF THE SALE OF MY MOTHERS CONDO.
BY LAW, WE, MY MOTHERS BIO CHILDREN AND MY BROTHER IS 'representive' OF HER ESTATE.
MY QUESTION IS WE HAVE DONE EVERYTHING BY LAW TO LIST IT. OUR STEPSISTERS HAVE OBSTRUCTED THE MOVING FORWARD WITH LISTING HER CONDO. IS THEIR A LAW TO STOP THEIR BEHAVIOR OF ? WE HAVE ESTABLISHED, BY LAW THAT WE HAVE 75PERCENT INTEREST THEY HAVE TO SPLIT 25PERCENT....
WHAT CAN WE DO TO LIST THIS CONDO WITH NO INTERUPTION?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.
Good afternoon Nanette. My name is ***** ***** I look forward to help you. You can force this issue for sure! 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 condo cannot be divided, the court will order the house sold. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit. 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). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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