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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54021
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My mother has a life estate in our home where my sister and

Customer Question

My mother has a life estate in our home where my sister and I are owners. Three years ago she took my mother out of the home and never brought her back. Our transaction of the life estate happened 5 years ago We took out a mortgage to fix the home ,since then sister took 25,000 to buy her new home.
we had a falling out. She hasn't paid for any repairs or up keep of the home or the mortgage. Now she hired a lawyer to force me to sell the home or buy her portion. I would like to know can she do this.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Richard replied 6 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 6 months ago.

She can file a suit for partition which will force the sale of the house. 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 will order the house sold. BUT: i) these suits are expensive and can take a long time to resolve; and ii) unless your mother agrees to the sale, any sale is going to be subject to your mother's life estate (even if she no longer lives there) which will have a chilling impact on any attempt to sell the property.

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