Legal Question in Wills and Trusts in West Virginia

inherited land with 4 other family members

I do not want the property but could use the the money to help my own family and son who has autism. Can I force my family to buy me out?


Asked on 3/07/08, 12:43 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: inherited land with 4 other family members

A person with an undivided joint interest in real estate may petition the Circuit Court of the county where the property is located for partition. If the land is vacant and could be divided up evenly, the court could so order. More frequently the land is not able to be partitioned "in kind" and the land is ordered sold, in a public sale, with the proceeds divided up among the owners according to their respective shares. Any party may bid at the sale, including one of the owners. One can sell his or her fractional interest at any time.

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Answered on 3/07/08, 7:51 am


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