If two siblings own a house, and one wants to sell and the other does not, what can the one who wants to sell do?

Asked by Portia, Cherry Hill, NJ Sun Aug 15, 2010

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13
Joe H, Agent, Glendale, NY
Wed Aug 17, 2016
Hi Portia,

I may be interested in purchasing your share depending on location of the property
0 votes
The house is a 3 bedroom house postcode m23 9at if your interested
Flag Fri Jan 5, 2018
Joaniemarsha…, Home Buyer, Cherry Hill, NJ
Thu May 21, 2015
Take the matter to Court and force the one who does not want to sell.
0 votes
mb229, Home Buyer, Cherry Hill, NJ
Fri Aug 31, 2012
A brother and sister own a home togeter was left to them my a uncle 5 years ago. Now the sister wants to sell the house. The brother offer to buy the sister out at a fair price. The sister wants the house sold anyway. What can the brother do....

Thanks
0 votes
Mommy K, Home Owner, Florida
Wed May 2, 2012
My mother-in-law is passing away slowly. She has two children from her first marriage when in Cuba at the age of 17. She divorced and later married my father in law, for 52 wonderful years, who has passed away two years ago.Her home is now under the estate of her deceased husband and the mortgage has been remodified and placed in her name. My M.I.L. is estranged from her daughter for over ten years now. There has been NO communication. Her other son is in his late 50s and married to a woman who has two children and two grandchildren from another marriage. My husband and I have a son who is the only biological grandchild to my M.I.L. and F.I.L. Long story short, my mother in law wants to leave the house, jewlery, and contents of home to my husband for her grandson's future and make him executor to the will. She wants to leave her estranged daughter $!. and her other son machinery valued at 25,000 with potential to make income (icecream van, hot dog ). The problem is that as she gets sicker, her other son has put pressure on her and my husband to leave the house to the both of them (50;50). He wants to leave his share, when he passes, to his wife's "grandchildren". Home is valued at $300,000 and $160,000 is still owed. It needs updating and repairs. It is a 3/2 with a garage efficiancy with a 1/1. The monthly mortgage is $1165 including taxes and the efficiancy rents for $550. Leaving $615 difference. We have offered to rent the house and efficency, pay the morgage and upkeep, then split the profit 50;50 with him, As she gets sicker, he wants more. Advice please! I know it is my mother in laws choice. I know and have discussed these issues when she was of a sounder mind and she always wanted to leave everything to her world..her grandson. ADVICE please..or tactics to come out ahead...Thanks
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Russellg, , Vacaville, CA
Sun Sep 4, 2011
You can go to court and pitition to partition and cause a forced sale, no one has to be subject to anothers whims.
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Dp2, , Virginia
Mon Aug 16, 2010
Provided you both own that property free and clear, you could offer to sell your equity to your sibling with seller financing, and sell the note afterward.
0 votes
Ines De La C…, Agent, Marlton, NJ
Mon Aug 16, 2010
Hello Portia,
Thank you for your question.
Do you own the property as tenancy in common or joint tenancy? Can one of you buy the other? Have you had an appraisal done to the property? After knowing the value see if one of you can buy the other half of the ownership. Get attorney advice if you can get to a amicable agreement. If you do put in writing through an attorney or title co can guide you too.
Good luck!
Ines
Web Reference:  http://www.inesdelacruz.com
0 votes
Ron Simone Jr, Agent, Clark, NJ
Sun Aug 15, 2010
it all depends on how you own the property legally what type of deed was written up when left to you. You have to find out if you own the property as joint tenants or tennants in common. After that what you will have to do is seek legal council and if cant come to an agreement then will have to go to court and either will one will have to buy the other out or the judge will make you sell the property but it would be wise to speak to a lawyer he can advise you best.

Ron Simone Jr
All Towne Realty
Broker/Associate
732-978-0991 Cell
732-453-2930 Private
Ronsimonejr@gmail.com
0 votes
Deborah Madey, Agent, Brick, NJ
Sun Aug 15, 2010
You can also speak with a title company to help you fnd out how title is currently held. You might be able to sell your interest to another party.
0 votes
Bernard Teic…, Agent, Freehold, NJ
Sun Aug 15, 2010
Get an appraisal of the property's value. Discuss with your sibling either selling or buying 50% to take or give complete ownership of the property. When 2 people own a single property and individual circumstance / loans aside, title passes with the agreement of both owners. Come to an agreement with your sibling because it could be very costly dragging it through court. That said, do consult an attorney for legal guidance to your particular situation.
0 votes
Pradeep, , Cherry Hill, NJ
Sun Aug 15, 2010
Depending on the type of deed that you have, one may be able to sell his or her's interest in the property without the other's approval. You do need to consult an attorney for proper legal counsel on this matter.
Web Reference:  http://www.mycherryhill.com
0 votes
Vincent Forte, , Cape Coral, FL
Sun Aug 15, 2010
You would really need to contact an attorney who handles estates, real estate, etc... If you need a couple references please let me know.
Web Reference:  http://www.vincentforte.com
0 votes
, ,
Sun Aug 15, 2010
Ask the other to buy them out. Is this a house you inherited? If so, consult an attorney to get legal advice. However want to buy the other out can mortgage the property to pay out the co-heir and it is considered a rate/term refinance.
0 votes
My two sisters and I inherited my parents house, the solicitor said as one sister wanted to sell, we had to sell
Flag Mon Nov 6, 2017
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