QUESTION

Can my siblings legally force me to sell an estate we jointly owned?

Asked on Sep 12th, 2011 on Estate Planning - Georgia
More details to this question:
I have a home that was left by my mother. I am on the deed and make full payment on mortgage and insurance. My siblings are trying to force me to sell. What rights do I have?
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4 ANSWERS

If you can't buy out their interest, they do have the right to "partion" or sell their interest in the real estate.
Answered on Sep 13th, 2011 at 3:12 PM

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Theodore W. Robinson
Unfortunately, you don't say who your late mother left the house to. If it was left in her Will directly and solely to you, then, you may not have to sell it unless there are debts that need to be paid for and there is no other source of money with which to pay those debts. If it was left to all siblings, then, regardless of the fact that you're living there and paying the mortgage and expenses, you may have to sell it to settle the claims of the rest of the children. You can't expect to live in the house if all of them were given it together and none of them are living there. Of course, all of this depends upon how the Will reads. I strongly suggest you hire an attorney to sort this all out. Good luck.
Answered on Sep 12th, 2011 at 3:30 PM

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Trusts and Estates Attorney serving Jacksonville, FL
3 Awards
It depends on the circumstances. Generally no, unless you do something wrong that creates the right to force a sale.
Answered on Sep 12th, 2011 at 3:14 PM

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Glen Edward Ashman
None. When there are multiple owners, any owner can force a partition. Your right is to get your fair percentage of the sale.
Answered on Sep 12th, 2011 at 3:11 PM

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