QUESTION
Can my siblings force me to sell the house our parents left us that is under my name?
Asked on Mar 31st, 2013 on Estate Planning - Colorado
More details to this question:
When my parents died, they left the house to me and 2 other siblings. However, the land was left to me. I have been the one to do all of the upkeep of the house and updates. Can they force me to sell?
9 ANSWERS
Generally speaking, they cannot force you to sell. They could, however, possibly sell their interests, depending on how the property is titled.
Answered on Apr 03rd, 2013 at 4:54 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes your siblings can force you to sell to obtain their share of the value of estate left to all of you.
Answered on Apr 03rd, 2013 at 4:54 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not follow your facts. The answer depends on the deed. If the land is titled in your name, then the house usually goes with it, unless it is a mobile home or something. Title to the property is the key.
Answered on Apr 03rd, 2013 at 4:53 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Tough question, and more information is needed. I'm guessing the house is a manufactured home, if the ownership is different from the land it's on. If you own the land, I don't think they could force you to sell. Normally, if the three of you owned the land and house, they could start an action for partition, which would result in the sale of the property. The big problem is that you are putting money into the property without really knowing what you own; the interesting question is not can they force you to sell, it's could you sell if you wanted to? Who's going to buy this mess? There are several different approaches to a problem like this, but no clear bright-line answer. Negotiate with your siblings.
Answered on Apr 02nd, 2013 at 8:20 PM
2 Awards
Yes. Whenever you own property with other people, the other owners can force you to buy them out of sell.
Answered on Apr 02nd, 2013 at 12:20 PM
Thomas Edward Gates
Maybe, it depends upon the language in the will.
Answered on Apr 02nd, 2013 at 12:16 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If your name is on the deed no one can force you to sell. If all names, you can buy their share from them at fair market value but if you cannot afford to pay them you may be forced to sell and give them their share.
Answered on Apr 02nd, 2013 at 12:15 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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It depends on how the house was left to you and what actions you take. You should talk with a lawyer familiar with deeds and ouster to make sure you do not do something that will give them the right to force the sale.
Answered on Apr 02nd, 2013 at 12:14 PM
Yes, or to buy out their interests. Consider attempting to settle with everyone so this dispute does not have to be resolved in Court.
Answered on Apr 02nd, 2013 at 12:12 PM