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?

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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

Answers:

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

Answered 5 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.


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