What can I do if my aunt passed away 8 years ago and left her home to my mother and I but she doesn’t want to buy my half nor sell?

UPDATED: Dec 8, 2015

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What can I do if my aunt passed away 8 years ago and left her home to my mother and I but she doesn’t want to buy my half nor sell?

Both of our names are o the deed. My husband and I want out of this property.

Asked on December 8, 2015 under Real Estate Law, Alabama


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

Answered 6 years ago | Contributor

A co-owner of property can force its sale. In cases where joint owners cannot agree on ownership matters (i.e. whether or not to sell), the party seeking the sale can go to court and seek the legal remedy of “partition”.  A partition can be accomplished either by physical division of the property if possible or by its sale. In this case, since physical division of a single family home is not practical, a judge would order a "partition by sale".
Once the property is sold, the proceeds will be equitably distributed to the owners (you and your mother). Although before a sale would be ordered, typically the court would permit the non-filing co-owner to purchase the interest of the remaining co-owner for fair market value.
That all having been said, filing for partition is expensive and time-consuming. Try to explain this to your mother. In the meantime, you may want to consult directly with a real estate attorney in your area. They can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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