Home Selling in Hempstead>Question Details

Matthew Lundy, Home Seller in Mesa, AZ

INHERRITED A HOUSE IN LONG ISLAND WITH FOUR OTHER SIBLINGS, CAN I SELL OFF MY SHARE TO OUTSIDE BUYER ?

Asked by Matthew Lundy, Mesa, AZ Fri Nov 7, 2008

PARENTS PASSED AWAY 5 YEARS AGO, MY SISTERS DAUGHTER LIVES THERE RENT FREE, IM THE YOUNGEST SIBLING. FAMILY IS TAKING TOO LONG TO SELL HOUSE, CAN I DO ANYTHING ABOUT THIS ?

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6
You need to speak to a real estate attorney to determine your options of selling your share, "encouraging" a sale or other legal options you may have. A real estate pro (who isn't a real estate attorney) really can't answer your question or give you legal advice.

Good luck.
1 vote Thank Flag Link Fri Nov 7, 2008
Matt,

That question needs to be answered by an attorney. Whomever is handling the estate can answer that.
The answer may be different from state to state, so its best to speak with a local attorney.
0 votes Thank Flag Link Fri Mar 29, 2013
You definitely need to consult a real estate lawyer who is going to ask whether or not your parents died intestate or with a will.

Most inheritances where the owner dies intestate, create a tenancy in common. While you can sell your share, there are few people who would want to purchase your share. An action will have to be filed forcing the sale of the home if the parties cannot come to an agreement. If by chance it is a joint tenancy, a partition action would have to be filed to force the sale of the home.

It is a complicated situation and best solved by negotiation - consult a transactional real estate lawyer.

Good luck!
Web Reference: http://nyrelawyers.com
0 votes Thank Flag Link Sat Jun 26, 2010
No need to go to an attorney just yet. To start with, google "forms of ownership in real estate". Chances are, you may co-own this property with your siblings as "tenants in common". If that's the case, you can do whatever you want with your interest in the property and nobody can do anything about it. However, I'd go to a nearest title company (that is, if you don't have a copy of the deed handy) and ask them to pull the title work on the house - they will tell you exactly in what form your co-ownership exists. They may also answer immediate questions you have as to what you can or can't do with your interest in the property. Good luck!
0 votes Thank Flag Link Tue Jun 15, 2010
You should really be seeking legal advise on this situation. A real estate professional could help you put it on the market if all five of you agree to do so.
0 votes Thank Flag Link Sat Nov 22, 2008
Matthew,

We are sorry about your delema,,,,,
Your best course of action is to make your feelings known to your family. At the very least, rent should be paid on your share of the property. It's not unreasonable to approach your sister's daughter and make her aware of your need to charge rent....

An unpopular move for your family but possibly essential for you, is consulting a real estate attorney to develop options.

Good luck
0 votes Thank Flag Link Fri Nov 7, 2008
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