QUESTION
Can I force my sister to buy my half of inherited home?
Asked on Apr 30th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
Sister and I own our parents home. Niece is renting and not paying. She was supposed to buy outright and hasn't done it. I don't want family issues but I'm tired of them not paying.
9 ANSWERS
Yes, you can force her to buy your half by bringing a partition action. You should consult a real estate attorney to assist you.
Answered on May 05th, 2014 at 5:55 PM
Probate Attorney serving Washington, DC
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Apex Legal Services, PLLC
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The short answer is no. Only the court can force a sale.
Answered on May 01st, 2014 at 4:00 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends.. If it is in MICHIGAN and you own it as Joint Tenants With a Right of Survivorship.. there is very little you can due.. If it is not owned with a right of survivorship (e.g. as tenants in common) you can sue to force the sale of the home. Instead of suing your co-owner you can also filed to EVICT her as a landlord for non-payment of rent your sister might not like it but.
Answered on Apr 30th, 2014 at 4:16 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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You may have to file a partition action with the court to force the sale of the premises if she won't agree to buy you out.
Answered on Apr 30th, 2014 at 1:04 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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You can force a sale of a co-owned home to liquidate the co ownership interests, by way of a partition action, but cannot force the sales a particular person. At the same time, you can obtain an order terminating the possession of a tenant, and/or damages for reasonable rental value, as well as an order appointing a broker to sell price and approving the listing price.
Answered on Apr 30th, 2014 at 1:04 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No. You could find another buyer though.
Answered on Apr 30th, 2014 at 1:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Tell sis that if niece doesn't pay, you will give her a 3-day notice to quit and file a case to evict her. You will also file a civil action to partition the property which will lead to a sale of it. Only by being firm will you get what you want.
Answered on Apr 30th, 2014 at 9:58 AM
2 Awards
You may want to consider an action for partition pursuant to Chapter 64 of the Florida Statutes where the joint tenancy can be terminated and the Court can order the sale of the home with the proceeds to be split between the owners. However, a partition process does tend to be expensive and time-consuming. Therefore, it would be best if you can reach an agreement with your sister. Also, it would serve your interests to consult with a real estate attorney in your area about all of your options, including sending a settlement offer letter to your sister.
Answered on Apr 30th, 2014 at 9:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you will have family problems but are correct, and will otherwise never collect what is due you.
Answered on Apr 30th, 2014 at 9:26 AM