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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37680
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My sister n I inherited mom home which is where I have lived

Customer Question

My sister n I inherited mom home which is where I have lived for awhile...she was!t to sell it n I don't. Do I have to sell it if I don't want to. Can't afford to buy her out
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Diane,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Well, you are in a difficult situation and I empathize with your frustration.

Unfortunately, when property is co-owned by two or more people and one of the owners wants to be cashed out, if the other owner is not able or willing to buy them out, the person wanting out can file a Petition for Partition in the court and ask the court to order the sale of the property and the profits divided between the owners. There is no way that you can prevent your sister from forcing the sale of the property. However, to do so she will have to sue you in court---and she may not be prepared to do that because you are family, or she may not be able to afford to pay an attorney the thousands that it would cost to pursue this kind of action in court.

Here is a link to a site that you can learn more about a partition action: http://real-estate.lawyers.com/residential-real-estate/partition-action.html

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
if I wait till after the probate is done to let her know I don't want to sell is there anything she can do then
Expert:  LawTalk replied 1 year ago.

Hi Diane,

You never said the matter was in probate. Has the court awarded title to you and your sister yet?

Who is the administrator of the estate?

Customer: replied 1 year ago.
no will she died interstate we're both administrators . starting probate now
Expert:  LawTalk replied 1 year ago.

Thanks,

As you are both administrators I can see a court battle brewing. She is going to ask the court to allow the property to be sold so that the estate can be distributed. Unless there are other assets of the estate that will be yours that you can sell so that your sister can be bought out, then I'm sorry but almost certainly the judge is going to order that the property be sold.

The court is not simply going to allow you to take the entire property, and the court will not force your sister to allow you to live in a house that she owns half of. I'm afraid that when everything is said and done, that if you are not in a position to buy your sister out the court will order the sale of the property in probate.

It would not have made a difference if you were already out of probate because outside of probate any co-owner of property can sue the other owner for Partition at any time---so long as the person suing is actually named on the deed to the property.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
It was in writing but not motorized that mom wanted me to have property...my s sister knows this mom told her a few times in front of witness...so I'm screwed I guess
Expert:  LawTalk replied 1 year ago.

Hi Diane,

Unless the property was actually willed to you in a valid will, your mother writing that she wanted you to have the property is not binding on the court, nor is it a valid transfer of title under FL law, and if your sister wants to mess you over, the law is going to allow her to. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 1 year ago.
M
Expert:  LawTalk replied 1 year ago.

Hi Diane,

Did you attempt to post something? The letter "M" is all that posted.

Please don't forget to rate me so that I can be paid for having assisted you. Thanks in advance,

Doug

Customer: replied 1 year ago.
It wasn't writing but never notarized so if she did tell her a couple of times that you want me to have the property in front of witnesses but that's I guess I'm screwed huh
Customer: replied 1 year ago.
Sorry it was in writing but never notarized she was in the middle of changing her will and it never got finished my sister knows of her wishes and she was told in front of a few Witnesses what she wanted me to have the home but I guess I'm screwed
Customer: replied 1 year ago.
Hello just email me response
Expert:  LawTalk replied 1 year ago.

Hi,

If you ask a question I can answer you but you just are just repeating what you already told me. That it was not in writing, and I said that her desire and intent cannot be enforced then.

Your mom could have told 100 people what she wanted, but if it didn't make it into the will, it is not enforceable.

Customer: replied 1 year ago.
Thank you,
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thank you for your kind words. They are appreciated.

In order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug

Expert:  LawTalk replied 1 year ago.

Good evening,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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