QUESTION
If our parents left the house to us 3 siblings, what can we do if one sibling wants to sell?
Asked on Oct 11th, 2013 on Estate Planning - Missouri
More details to this question:
My parents died and left the house to 3 siblings equally. One sibling wants to sell and the other two wants to keep the house. What are the options of the two siblings who want to keep the house? Can we prevent a force sale? What are our options other than buying her out?
13 ANSWERS
Edwin K. Niles
The selling sibling can bring an action called a partition suit to force a sale. Try to agree on a value and find a way to buy her out.
Answered on Oct 15th, 2013 at 6:18 AM
2 Awards
The only way to prevent a force sale IS to buy the other sibling out.
Answered on Oct 15th, 2013 at 6:16 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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One obtain an appraisal of the property. Then attempt to purchase that sibling's share. If no purchase can be obtained, then she can file a petition to partition the probably and force a sale of the property, as which time you can again attempt a purchase of her interest.
Answered on Oct 15th, 2013 at 4:51 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If there are other assets, she might get them while you two get the house, so as to equalize value. Or else sell.
Answered on Oct 14th, 2013 at 2:16 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your options would appear to be buying her out or selling the property and dividing the proceeds. Your sibling is not required to hang onto the property indefinitely.
Answered on Oct 14th, 2013 at 1:34 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, it is possible for a single owner to force a sale through a process known as Partition and Sale. There are elements that need to be proven which the plaintiff's lawyer will investigate.
Answered on Oct 14th, 2013 at 1:26 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In the end, no, you can't stop your sibling who wants to sell from forcing the sale. You can just force all of you to spend a lot of money making it happen or resisting it. Sell the house. If you want to own real property, then take your share of the proceeds and buy something you want. Don't blow your family up over this issue.
Answered on Oct 14th, 2013 at 12:45 PM
2 Awards
You can make an offer to the one sibling that wants to sell. The offer should be for 1/3 of the value of the house, minus any loans or mortgages. A law office or title company should be able to do the paperwork for a few hundred dollars.
Answered on Oct 14th, 2013 at 12:45 PM
3 Awards
If you cannot agree a court will force a sale. I urge you to try to buy out the one who wants to sell.
Answered on Oct 14th, 2013 at 11:42 AM
Have the house appraised and buy out the sibling who wants to sell the house.
Answered on Oct 14th, 2013 at 11:39 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The person who wants to sell can force a sale, but it is not an easy process. It works just like a foreclosure.
Answered on Oct 14th, 2013 at 11:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are more details necessary to answer your questions.
Answered on Oct 14th, 2013 at 11:08 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, you do not have any other options except to buy your sister out. If you do not do so, she can file a partition lawsuit and force the sale of the property. Under Missouri Supreme Court Rules, she can also get her attorney's fees paid by you. Why do the two of you want to keep the house? Is one or both of you living there?
Answered on Oct 14th, 2013 at 10:30 AM