Legal Question in Wills and Trusts in California
My father died and left 1/4 of a house each to my sister and I. My brother and sister already own the other half. (There is a total of 4 siblings). At present, no one wants to sell the home and the 2 siblings that own 1/2 of the home are not compensating me or my sister with rent, nor will they buy us out all together. What are my rights and options?
Thank you
Sherene Dugan
3 Answers from Attorneys
First, you and your sister are probably not entitled to rent; co-owners of real property are entitled to possession and, because they are co-owners, generally do not have to pay the other co-owners rent. If the siblings owning a 1/2 interest in the property are not willing to "buy you out," and will not sell the property, the only option you have left is to file an action for partition. In that action the court will determine the respective interests of the parties, will order the property sold, and will divide the net proceeds of sale, after deduction of all sale costs, to the parties in proportion to their interests.
You should not include your name!
All four of you have an equal right to live in the house and have the obligation to pay equally the property taxes. Those who live there must pay the costs created by their living there, such as utilities, garbage, etc. You can not force them to pay rent or to sell the house; the only method to force a sale of the house is to sue for partition, which will cost about $10,000-15,000 which you probably will have to bear yourself and is not divided among the owners. You can look up prior answers that discuss partition.
you will need to retain a qualified attorney in the county in which the real property is located to file an action for partition.
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