Legal Question in Real Estate Law in California
Forcing A Sale
I want to know how to force a sale on a house where a 1/3 owner refuses to sign a listing agreement. House has been vacant for over 60 days. Can't get insurance. Liens are on the house. 1/3 owner doesn't want to pay insurance and would rather be liable for criminal and civil liabilities if there is a fire and it destroys others lives. Doesn't care about others. I want to know how I can sell house myself I have 2/3 ownership. Mother is in nursing home. I don't want the criminal and civil liability or responsibility of any one else's life on my hands for negligence.
4 Answers from Attorneys
Re: Forcing A Sale
An action for partition, that is, a lawsuit seeking a court order requiring sale of the property and division of the proceeds, sounds like your best bet. Consult a real estate attorney about how to proceed. If you are in Santa Clara County feel free to call or e-mail me.
Re: Forcing A Sale
You should retain an attorney to handle a partition action. Please contact me at 714 363 0220 for free consultation.
Re: Forcing A Sale
You will need to file a legal action to force the sale of the house. Why can't you get insurance? How much are the liens on the property? You may want to deed your share to the lienholder.
Re: Forcing A Sale
First, talk to an insurance agent about insuring your own interest in the house. Talk also with an attorney about filing a partition action, which will force the sale of the house. You may also be able to get a court order authorizing insurance on the property.
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