Need to force family member to pay for property.
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Need to force family member to pay for property.
Parents died and deed to home is in the names of four siblings. One sibling lives
in the home and will not address a buy out with other three siblings who have
talked to him repeatedly about paying the other siblings and owning the house
free and clear. What legal recourse exists to force this issue?
Asked on April 29, 2019 under Real Estate Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
In such a situation the law provides the legal remedy of "partition" which is available to co-owners of property when they cannot agree as to ownership matters. Partition allows for the division of a property among co-owners. Accordingly, if a property can be physically divided the court will so instruct. However, where division would be impracticable (as in the instance of a single family house) the court would order a "sale in lieu of partition". Upon sale, there would be an equitable division of the proceeds among the co-owners. However, before allowing a sale to a 3rd party, the court would permit any co-owner(s) to purchase the interest of the remaining co-owner(s) at fair market value.
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