Quit Claim Deeds (3 separate pieces of property) in the names of six sibilings. Offer Pending. 4 ready to accept offer.2 holding out. How to resolve?

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Quit Claim Deeds (3 separate pieces of property) in the names of six sibilings. Offer Pending. 4 ready to accept offer.2 holding out. How to resolve?

6 siblings named on quit claim deeds of our deceased parents. We have an offer on 1 of the pieces of property and 4 wish to accept the offer and 2 are refusing. Currently the quit claim deeds are Joint tenants with full rights of survivorship. 2 siblings want to change it to Tenants in Common. We are willing to do that legally but they are still objecting to the sale of the house. What recourse do the 4 of us have in order to not be held “hostage” by the other 2 siblings? It appears that it will always be 2 against 4 even when we agree to their “conditions”. How can we resolve this issue?

Asked on June 15, 2009 under Real Estate Law, Michigan

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In most states, you would have the right to file a lawsuit for partition, where the court divides up the property rights, and it's quite possible that this would force a sale.  The law and procedure for this can vary from one state to another, and I'm not a Michigan attorney;  also, there may well be other facts that matter here.  You need to see a lawyer in your area for advice you can rely on, and one place to look for counsel is our website, http://attorneypages.com

It may be possible to use the offer you have right now, and let the holdouts know that if you go to court, and the property sells for less, the four of you ready to sell will ask the court for what you would have gotten from the rejected offer, with the difference coming out of their shares.


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