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Good afternoon and thanks for using JUST ANSWER. I'm sorry that you're having such a problem with a family member. You are correct that the judgment for partition will be almost automatic; however, you are entitled to assert a claim for reimbursement of out-of-pocket expenses. Keep in mind that the other owners are also entitled to an offset for rent that you should have paid for their share over the years. Of course I have no way of knowing how that would work out In dollars and cents.The attorney fees for the partition suit can be ordered to be paid from the proceeds of the sale of the property. You are in the best position to be the buyer, because you already own 50%. (I'm not sure how you figured that you own 25% as a tenant in common. I presume that your sister owns 25% and a brother owns 25%. I think all of you are tenants-in-common with each other for whatever your percentage interests are.). It would be nice if your brother would deed over his 25% to you now, or at least agree to sell it to you and give you a contract to that affect. That would really put you in the driver seat as far as dealing with your sister goes. If you would like me to offer you a telephone conference to go over this information, I will be happy to do so. Just send me a reply to that effect. If you will be available tonight, I can make the phone call after 9 o'clock Eastern time. There is an additional charge for our Premium Service in the amount of $59. Or we can continue with this thread. It is up to you.
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I beg to differ. You said that only your sister hates you. You mentioned a brother but didn't say anything about his attitude toward you. Whether you own your shares with right of survivorship or as tenants in common makes no difference unless one of them should die before the partition is finalized. Your sister and brother are legally entitled to force a sale of the property so that they can have the value of the property. Your insults are unnecessary. I did not create the situation that you in. Neither is it my fault that you do not have the money to buy out your siblings. In summary, I am a real lawyer with 50+ years in the practice. This has been my specialty area for many, many years, and I can tell you that you have two options. Find a lender or an investor (preferably a lender) who will make you a 50% LTV loan to buy out your siblings, or let the partition sale happen, and hope your 50% of the net will be enough to make a decent down payment on another home. There will be auctioneer fees, legal fees, including a sale Commissioner fee, and appraisal fees. I have no idea how much those fees will run. I estimate at not less than $10-$15,000 total, depending on the market value of the home. I wish you the best of luck in getting things worked out. No one likes to see someone lose their home.