Three siblings own a house as joint tenancy. One sibling has moved in and won't sell, another wants the house sold. What can be done?

Asked by Re Help, Massachusetts Thu Apr 26, 2012

The sibling that moved in took a mortgage against the house for 45K, with the others' consent and verbally agreed to sell the house when mom moved out. At the sale, the mortgage was to be paid and considered her "share." The remaining profit was to be divided between the other 2. Mom has moved out, now the sibling with the mortgage has moved in and doesn't want to sell. Can one joint tenant tie up the sale of the house and occupy it? What can be done?

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Wen Farina, Agent, Reading, MA
Fri Apr 27, 2012
I think everyone here will tell you that you need a real estate attorney to answer your questions since most of us here are not we can not give legal advice (even if they know the answer). This is an unfortunate situation that sometimes happens when family members can not agree and it is certainly stressful for everyone involved. Good luck
Web Reference:  http://www.wenrealty.com
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., , Outer Sunset, San Francisco, CA
Fri Apr 27, 2012
Unless you are an attorney you may not give legal advice.
0 votes
Louis Wolfs…, Agent, Needham, MA
Fri Apr 27, 2012
You definately need an attorney.

YES one joiont tenant can tie up the sale.

It will take time and could be costly to sell the home as it will most likely require a court order if the sibling does not want to move or sell.
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Laura O'Brien, , Massachusetts
Thu Apr 26, 2012
Contact a real estate attorney and talk to them about a petition to partition. The courts may force this sibling to sell or buy the others out.
Web Reference:  http://Www.donahuere.com
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Betty J. Lev…, Agent, Medford, MA
Thu Apr 26, 2012
Hopefully you have something in writing about selling & moving out. The owners that want to sell can sue the one that doesn't for what is called "partition". Basically it forces the one who doesn't want to move or sell to either move and selll or buy out the others interest in the property. You'll need a real estate attorney to advise you how to proceed.


Hope that helps,
Web Reference:  http://wwww.BettyLevin.com
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