If our parents left the house to us 3 siblings, what can we do if one sibling wants to sell? 17 Answers as of October 16, 2013

My parents died and left the house to 3 siblings equally. One sibling wants to sell and the other two wants to keep the house. What are the options of the two siblings who want to keep the house? Can we prevent a force sale? What are our options other than buying her out?

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Stephens Gourley & Bywater | David A. Stephens
You can offer to buy out the sibling that wants to sell. The sibling that wants to sell cannot sell without your consent or a court order. If the sibling gets a court order you will have to buy him out or the property will be sold.
Answer Applies to: Nevada
Replied: 10/16/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
The selling sibling can bring an action called a partition suit to force a sale. Try to agree on a value and find a way to buy her out.
Answer Applies to: California
Replied: 10/15/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
You can value the property and have him pay you two his share. Be sure that you get his/her share. Maybe you should hire an attorney.
Answer Applies to: California
Replied: 10/15/2013
James Law Group
James Law Group | Christine James
The only way to prevent a force sale IS to buy the other sibling out.
Answer Applies to: California
Replied: 10/15/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
One obtain an appraisal of the property. Then attempt to purchase that sibling's share. If no purchase can be obtained, then she can file a petition to partition the probably and force a sale of the property, as which time you can again attempt a purchase of her interest.
Answer Applies to: California
Replied: 10/15/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    If there are other assets, she might get them while you two get the house, so as to equalize value. Or else sell.
    Answer Applies to: California
    Replied: 10/14/2013
    Frederick & Frederick PLC | James P Frederick
    Your options would appear to be buying her out or selling the property and dividing the proceeds. Your sibling is not required to hang onto the property indefinitely.
    Answer Applies to: Michigan
    Replied: 10/14/2013
    LAW OFFICE OF ROBERT I LONG
    LAW OFFICE OF ROBERT I LONG | Robert I. Long
    In California, it is possible for a single owner to force a sale through a process known as Partition and Sale. There are elements that need to be proven which the plaintiff's lawyer will investigate.
    Answer Applies to: California
    Replied: 10/14/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    In the end, no, you can't stop your sibling who wants to sell from forcing the sale. You can just force all of you to spend a lot of money making it happen or resisting it. Sell the house. If you want to own real property, then take your share of the proceeds and buy something you want. Don't blow your family up over this issue.
    Answer Applies to: Oregon
    Replied: 10/14/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You can make an offer to the one sibling that wants to sell. The offer should be for 1/3 of the value of the house, minus any loans or mortgages. A law office or title company should be able to do the paperwork for a few hundred dollars.
    Answer Applies to: Texas
    Replied: 10/14/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    The other two can buy the one that wants to sell out and then deed the house over to the two that will own the house.
    Answer Applies to: Florida
    Replied: 10/14/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If you cannot agree a court will force a sale. I urge you to try to buy out the one who wants to sell.
    Answer Applies to: Nevada
    Replied: 10/14/2013
    Victor Varga | Victor Varga
    Your only option is to buy out her interest. You cannot stop a forced sale.
    Answer Applies to: Maryland
    Replied: 10/14/2013
    Attorney At Law | James G. Maguire
    The person who wants to sell can force a sale, but it is not an easy process. It works just like a foreclosure.
    Answer Applies to: Louisiana
    Replied: 10/14/2013
    Estrada Law P.C. | Michele Ungvarsky
    Have the house appraised and buy out the sibling who wants to sell the house.
    Answer Applies to: New Mexico
    Replied: 10/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are more details necessary to answer your questions.
    Answer Applies to: Michigan
    Replied: 10/14/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, you do not have any other options except to buy your sister out. If you do not do so, she can file a partition lawsuit and force the sale of the property. Under Missouri Supreme Court Rules, she can also get her attorney's fees paid by you. Why do the two of you want to keep the house? Is one or both of you living there?
    Answer Applies to: Missouri
    Replied: 10/14/2013
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