Legal Question in Real Estate Law in Connecticut

real estate

My parents left their home to four siblings. If three of us agree to sell for a specific price but one does not agree to sell for that price can he hold up the sale.


Asked on 6/09/08, 11:17 pm

1 Answer from Attorneys

Diana Bartolotta B-Law LLC

Re: real estate

The answer to your question depends on what you mean by your parents "left their home" to the siblings.

a. If you mean that the kids have actual title to the home, then the answer is yes and no - this would mean that the four of you are listed on the deed in the land records and have a tenancy in common. If one person does not agree to sell, the three of you can try to force the fourth to sell through a partition sale, which involves basically suing the fourth person to get the right to sell your interests.

b. If you mean that your parents' will said that the house goes to the four of you, and the estate of one of your parents is being probated, then the answer is a little simpler. As long as the estate is still open (i.e., not yet finished probating), you would need permission of the probate court to transfer or sell any property. The three of you can petition the probate court to grant the sale or transfer of property.

In summary, if the property in question is owned by an estate that is not yet finished being probated, you will have an easier time getting a forced sale than if the four of you have a tenancy in common. With a tenancy in common, you can get what you want, but it's going to be expensive to try to get. Negotiating with the fourth sibling will probably be cheaper than paying a lawyer to settle it in court.

Good luck!

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Answered on 6/10/08, 7:06 am


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