Legal Question in Real Estate Law in California
joint home sale
Our mother died early this year. She
and her husband each owned 50%
of their home. Her trust specified
that after her death, her husband
could buy out her 50% interest in
the property, or the house would be
sold. He and his children maintained
for months that they didn't have to
follow the terms of the trust. They
finally got legal advice, asked for two
delays (which we granted) and then
agreed to the sale. Their lawyer
recommended a real estate agent to
handle the sale. We agreed to him.
In the meantime, tho we are allowed
to charge rent to the husband who
has continued to live in the property,
we have chosen not to. We also
have not asked him to make repairs
to the property, which the trust
requires him to do. In other words,
we have been as gracious and
accommodating to them as we could
be. Since agreeing to the sale of the
house, they have dragged their feet.
They will not sign an agreement with
the real estate agent: they won't
agree to a selling price: they won't
commit to a timetable for sale. What
can we do to move this forward in a
timely manner?
1 Answer from Attorneys
Re: joint home sale
It sounds to me that if the property is not physically divisible, which it seems to be a single family home, that an action for partition by sale may be necessary.
Such an action would put pressure on them to be reasonable and handle the matter outside of litigation.
Very truly yours,
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