How to I get my inheritance from house if one sibling is still living there and doesn’t want to sell?

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How to I get my inheritance from house if one sibling is still living there and doesn’t want to sell?

Asked on August 9, 2013 under Estate Planning, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once the property has been transferred into the heir's names, then you all become owners (co-owners) of the house. If you don't agree with what another joint owner is doing, you can request what is known as a "partition". This is a legal remedy available to owners of jointly held property when they cannot agree as to ownership matters (e.g. whether or not to sell the property). A partition action allows for the division of property among the owners, if the property can be physically divided.

However, where division would be impracticable (as in the case of a single family house) a judge would order a sale in lieu of partition with an equitable division of the proceeds.  However, before doing, the court would permit a co-owner to purchase the interest of the remaining co-owner at fair market value.

At this point, you may want to consult directly with a real estate attorney on this matter.


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