QUESTION
Can we force the sale if one of the five does not want to sell?
Asked on Apr 10th, 2017 on Estate Planning - Michigan
More details to this question:
My father put the five children’s names on a lady bird deed. We had the home appraised and have a buyer.
2 ANSWERS
The answer depends on how the property is titled and whether your father is still alive. I assume he is not. If not, then perhaps. If the Deed conveyed the property to A, B, and C, and didn't say anything further or stated "as tenants in common" or stated "as joint tenants," then either A, B, or C could file a partition action with the Circuit Court to force a sale of the property. If, however, the Deed conveyed the property to A, B, and C "as joint tenants with the full rights of survivorship," then, no. You can't do anything to force a sale.
Answered on Jul 07th, 2017 at 5:25 AM
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You will have to get a court order for the sale of the property if even one heir does not wish to sell. Or that one can refinance the property and buy the rest of you out at a price equal to what your buyer is willing to pay.
Answered on Jul 07th, 2017 at 5:24 AM