Legal Question in Wills and Trusts in California

Can I force a sale of a house with only 10% ownership...divided between 7 others

Grandmother passed away July 1999 and devided her house to a group of people. The will only mention the names and percentage, nothing else. I received 10%.

One uncle is living in the hourse and another uncle is the executor. Executor is unwilling to sell the house.

With only 10% if no one else is willing to join me, can I force the sale? If yes, what's the procedure? If not, what are my options to get my fair share? Thanks..


Asked on 1/28/02, 10:25 pm

4 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Can I force a sale of a house with only 10% ownership...divided between 7 ot

Is this still in probate? If so, it may be easier to force the sale by petitioning the probate court, asking it to order the sale. Reasonable grounds may exist, as the house is probably not earning income now, is costing money, and would be difficult to manage after the probate.

If probate is over, you can bring a partition action to force a sale. However, this is expensive and, because it's a court auction sale, will probably bring less than a full value price. Still, the idea of such a sale may get the other beneficiaries to sell the property.

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Answered on 1/29/02, 10:18 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can I force a sale of a house with only 10% ownership...divided between 7 ot

You certainly can, however, I would suggest to negotiate a buy out. Please call me at (619) 222-3504.

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Answered on 1/29/02, 12:04 pm
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Can I force a sale of a house with only 10% ownership...divided between 7 ot

It depends on how the house is titled. If it is in everyone's name as tenants in common, you could consider a partion action. If it is in an entitiy form of ownership then another form of action may be available. You should consult an attorney to find out your rights after disclosing all the facts.

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Answered on 1/29/02, 1:32 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can I force a sale of a house with only 10% ownership...divided between 7 ot

There are a number of things to consider. You could do a partition action to force a sale, or get the others to buy you out. It would seem that this would be a better thing for them to do, it they want to maintain the property.

There is obviously a cost issue to pursue this, so a lot will depend on the value of the property if you want to go forward.

If your name is on the deed, you can never lose. They cannot take a loan against the property or sell it without your consent.

Call me if you would like to discuss further. 925-924-0100

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Answered on 1/29/02, 1:52 am


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