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Kybdplayer, Other/Just Looking in San Diego, CA

2 of my siblings and I inheired a house in California. Can the other 2 siblings force me to sell the house or buy them out?

Asked by Kybdplayer, San Diego, CA Sun Mar 14, 2010

2 of my siblings and I inheired a house in California. Can the other 2 siblings force me to sell the house or buy them out?

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Answers

8
Yes, the can buy you out or if you can't come to an agreement, the can force you to sell in order to split the profits according to the terms.

Have you worked things out yet?


Patrick A. Hale, CDPE, RSD
Real Estate Broker & Investor

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0 votes Thank Flag Link Thu Aug 12, 2010
yes, it's called a Suit for Partition. laws vary from state to state but you will not be blazing any trails, these happen all the time. Barring a trust that treats this issue, or other binding codicil (like a life estate) in the bequest, any owner can force a dissolution of the "partnership".

any attorney can advise on this, but you will want one with some specific experience to do the actual litigation. it's a pretty straight forward process. depending on the location of the property, the value, and your financial need you might want to consider waiting to sell the home until the market turns...just a thought.
0 votes Thank Flag Link Wed Mar 17, 2010
Is there an attorney who is handling the estate? They are the best ones to advise you on this. If there is no trust and estates attorney involved, I suggest that is the type of attorney you seek out. Are you living in the house? If so, there could be a provision in the will, if there was one, about when you would have to sell or buy them out.
0 votes Thank Flag Link Mon Mar 15, 2010
In the state of California everyone on title has to agree to sell, because they'll be signing paperwork. If all on title do not agree, then there can be no sale.

Looking at this from a more family perspective, I would recommend the three of you talk with a counselor, such as a pastor, wise family friend that all three trust and respect.

These economic times are very tough, and people look at an inheritance as cash, money that they need to live.

I suggest trying to have an open and frank discussion and see if you can come to a mutual understanding. A house is just a house. Family is family, IMHO more important than any one thing. Just because you can insist that they don't sell doesn't mean it is the right thing to do.

Good luck.
0 votes Thank Flag Link Mon Mar 15, 2010
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
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Kybdplayer,
I suggest you hire a attorney. I have several names I can share with you. That is beyond my scope as a REALTOR.

Respectfully,
Liz Hoffman CRS,GRI, E-pro, REALTOR®
Liz "SELLiz" Homes
RE/MAX RB- Ranch and Beach
Past Pres. & V.P. of Poway Real Estate Professionals
SDAR Director 2009-2010
WCR
12411 Poway Rd.
Poway, CA 92064
License # 0993454
(858)485-1100 Office
(858)967-9966 Cell
Liz@LizHoffman.com
http://www.LizHoffman.com
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0 votes Thank Flag Link Mon Mar 15, 2010
Agreed.

It may also depend if one of you is in charge of the estate.. They have first right to the property.

Do you have anymore info for us?
Web Reference: http://www.SearchSDMLS.com
0 votes Thank Flag Link Sun Mar 14, 2010
Maybe. It's a question of how the three of you hold title. Consult a land use attorney ASAP. I know one if you need a referral.
0 votes Thank Flag Link Sun Mar 14, 2010
Dear Kybdplayer,

It is unlikely they could force you to sell the property, but depending on how you are holding title, vesting, they may or may not be able to sell their interests. You would be best to consult an attorney or CPA regarding your questions since they would know your particular circumstances.
0 votes Thank Flag Link Sun Mar 14, 2010
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