Can I force my sister to buy my half of inherited home? 12 Answers as of May 05, 2014

Sister and I own our parents home. Niece is renting and not paying. She was supposed to buy outright and hasn't done it. I don't want family issues but I'm tired of them not paying.

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Law Offices of Frances Headley | Frances Headley
Yes, you can force her to buy your half by bringing a partition action. You should consult a real estate attorney to assist you.
Answer Applies to: California
Replied: 5/5/2014
Law Office of Andrellos Mitchell
Law Office of Andrellos Mitchell | Andrellos Mitchell
The short answer is no. Only the court can force a sale.
Answer Applies to: District of Columbia
Replied: 5/1/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
It depends.. If it is in MICHIGAN and you own it as Joint Tenants With a Right of Survivorship.. there is very little you can due.. If it is not owned with a right of survivorship (e.g. as tenants in common) you can sue to force the sale of the home. Instead of suing your co-owner you can also filed to EVICT her as a landlord for non-payment of rent your sister might not like it but.
Answer Applies to: Michigan
Replied: 4/30/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
You can force a sale of a co-owned home to liquidate the co ownership interests, by way of a partition action, but cannot force the sales a particular person. At the same time, you can obtain an order terminating the possession of a tenant, and/or damages for reasonable rental value, as well as an order appointing a broker to sell price and approving the listing price.
Answer Applies to: California
Replied: 4/30/2014
Wayne J. Wimer, Inc. P.S.
Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
You may have to file a partition action with the court to force the sale of the premises if she won't agree to buy you out.
Answer Applies to: Washington
Replied: 4/30/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    No. You could find another buyer though.
    Answer Applies to: California
    Replied: 4/30/2014
    The Krone Law Firm, LLC | Norman B. Krone
    No, you cannot force the sale. What you may consider is the eviction of the niece and rental of the house.
    Answer Applies to: Florida
    Replied: 4/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Tell sis that if niece doesn't pay, you will give her a 3-day notice to quit and file a case to evict her. You will also file a civil action to partition the property which will lead to a sale of it. Only by being firm will you get what you want.
    Answer Applies to: Idaho
    Replied: 4/30/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    You may want to consider an action for partition pursuant to Chapter 64 of the Florida Statutes where the joint tenancy can be terminated and the Court can order the sale of the home with the proceeds to be split between the owners. However, a partition process does tend to be expensive and time-consuming. Therefore, it would be best if you can reach an agreement with your sister. Also, it would serve your interests to consult with a real estate attorney in your area about all of your options, including sending a settlement offer letter to your sister.
    Answer Applies to: Florida
    Replied: 4/30/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Can you force her? No. However, as a co-owner you can better control the rent situation. If you want out of the deal you can force the sale of the property (should your sister not wish to buy you out or sell the property) with an action for partition. If partition is granted the sale of the property and sharing the sale proceeds is the normal order from the court.
    Answer Applies to: California
    Replied: 4/30/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, you will have family problems but are correct, and will otherwise never collect what is due you.
    Answer Applies to: Michigan
    Replied: 4/30/2014
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