Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. My name is ***** ***** I look forward to helping you.
Can you provide me a bit more information? Did your parents have wills? Are you the sole beneficiary? Thanks?
Thanks for following up. If the title is in your name and your sister's name, then as an owner, you have the right to rent the property. And, you don't have to stuck being a co-owner with your sister. If you decide you want to sell the property and your sister will not agree to the sale or to buy your interest for an amount acceptable to you, then you can force the sale by filing 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. The reality is that in most cases, once the owner fighting the sale finds out the certainty of the result of a suit for partition, that owner typically agrees to the sale without the suit to avoid the costs of the suit.