What happens when only one party wants to sell inherited property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens when only one party wants to sell inherited property?
My brother and I inherited a quick claim deed “jointly and with full rights of survivorship” from our mother.
Asked on November 13, 2013 under Estate Planning, California
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
I am assuming you want to sell and your brother wants to keep the property. You can petition a court to allow you to partition the property. Then the property would be auctioned and sold, with the sale price divided between you and your brother. (By the way, the fact that you are joint tenants with right of survivorship does not prevent you from filing a partition action or selling your interest in the property).
However, it will be less expensive, faster, and better for family relationships if you allow your brother to buy your share of the property. You should offer this option to your brother before you consider heading off to court.
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.