What property can be partitioned?

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What property can be partitioned?

Will left house to 4 siblings equally, but 1 sibling was granted the right to live in property as long as she was unmarried. Will gave no specifics as to who would bear the costs of carrying the property, payment of rent to other siblings, use of property by other siblings, or length of time unmarried sibling was allowed to live in home. Now 2 siblings want to cash out of this property. Can we ask the court for an order of partition?

Asked on July 7, 2011 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Humm.  I am so sorry for your loss and for the ensuing situation.  One would really have to review the Last Will and testament here to give any concrete guidance.  Your sibling was granted a pseudo life estate in the property it seems and the wording in the Will needs to be reviewed.  As for who is responsible for the upkeep and maintenance in the house, all of you are by virtue of the law.  Was the sibling supposed to pay rent of any sort?  I can see how it would be an issue if not.  A for a partition action, generally you can ask for partition if the house is a burden financially, etc., but the whole living there until married is an issue and the partition action may fall because of it.  Please seek legal help.  Good luck.


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