Need to force family member to pay for property.

UPDATED: Oct 1, 2022

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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


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

Answered 3 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.

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 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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