Legal Question in Wills and Trusts in California
Does majority rule when 4 siblings are on a deed to a house and 3 want to sell it to a relative and carry the bank loan, can we over-ride the fourth sibling?
Asked on 2/11/11, 5:13 pm
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
No. You have to look, at the deed to see exactly what it says, but you are only allowed to sell what you own. You would have to file for partition, which might cost $15,000. Find out in deatail why one does not want to sell and see what they can be offered to change their mind.
Answered on 2/11/11, 10:31 pm
Chris Johnson
Christopher B. Johnson, Attorney at Law
No, but as Mr. Shers points out, you can force a sale in court by the partition process. Once the fourth sibling realizes this, they may agree to sell, as it will cost less and probably result in more money than going through the partition process.
Answered on 2/12/11, 10:53 am
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