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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118809
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My brothers (2) and I inherited property from my father in

Customer Question

My brothers (2) and I inherited property from my father in Valledupar, Colombia about 6 years ago. One of my brothers wants to force sell the property ( proceso divisor ) .
I offered him a fair amount of money for his share and he refused. He doesn't want the property and " doesn't want anyone else to have it"
He says he can go to the courts and the courts will force me to sell it.
I want to know exactly how the process works, and how I can buy him out of his share.
How I can protect myself from this.
The property has been in my family for 100 years, and nor my other brother want to sell it.
The property has a strip mall on it.
Submitted: 2 years ago.
Category: Estate Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am sorry for this dilemma. The process used to "force sale" between owners is called a "partition action"He will need to hire an attorney and have the attorney file a motion with the court (the court in the county where the property is located)The court will then list and sell the property (using a local real estate broker to conduct the transaction)You can certainly be involved in the process to purchase from the court. OR you could consider reengaging with your brother...he has to pay the lawyer to accomplish this sale...seems silly to not accept a fair price from you for his share. But if he is determined to sell, you can purchase the property on the market when it lists for salePlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 2 years ago.
Im already familiar with the partition law, this is in Colombia . I need to know if the law is the same over there.
how long do these proceedings usually take? you haven't told me anything that a simple google search didn't already tell me.
Expert:  P. Simmons replied 2 years ago.
Colombia? This question is in the wrong Category. I will send to the appropriate category and a lawyer with experience in Colombia can assist you
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In Columbia, if joint tenants of land cannot agree on disposition of their land, the parties can go to court and seek either forced sale or partition if the land is capable of division. So your brother is not right that the court will make you sell it. You cannot force him to sell to you, but you can get the court to divide the property as close to 1/2 as possible and give you one half and your brother the other 1/2 and then you can do whatever you want with your share and he can do whatever he wants with his share without interference.
Customer: replied 2 years ago.
How long do these proceedings usually take, and how much is it going to cost him generally to go to court instead of just settling with me? Id like to give him this information to persuade him to negotiate with the family outside of court.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I cannot tell you the costs, because they depend on how much objection there is and how much litigation is required, but it could cost about 40% of the value of the land in dispute. As far as time, that too depends on how much the parties fight and disagree and it can take 24 months or more to get to the court for a hearing.