Legal Question in Real Estate Law in Connecticut

Re: the sell of property

You need to consult an attorney and file suit for partition of real property interests; perhaps that is the suit your sister is seeking to bring, which essentially means the court will order the property sold and each party will get their respective share. Based on the facts you describe, I cannot imagine her suing, or at least SUCCESSFULLY suing, on any other basis. Your age has nothing to do with anything; if you are over 18, you are an adult.

Re: the sell of property

The first question is whether the house is in Connecticut or California. The location of the property will determine what laws apply. I am a California lawyer, so my answer is appropriate for California only. Connecticut law is probably close on many matters, but possibly radically different on some important topics.

Second issue is what you mean by "sister is trying to sue me..." Has a lawsuit actually been filed and served on you? If or when this happens, you need to file and serve an "Answer" within a certain number of days (30 in California) or you can lose the suit by default. The Answer (or other responsive filing) must be in a certain format and filed and served properly, so you'll need a lawyer's assistance.

Third, you don't mention how the three of you took title to the house when you bought it together. You might be joint tenants, or perhaps tenants in common. That probably would determine who received your mother's share when she died, and how. If you were joint tenants, the surviving joint tenants would automatically get her interest; if tenants in common, your mother's share would pass according to her will, or if she had no will (or trust), according to the rules of what is called "intestate succession" which is how the law divvies up the property of someone who dies without a will.

Next problem involves the financing on the house. I assume you have a mortgage. I don't know whose name(s) are on the loan as borrower(s), but unless someone makes the payments, there will be a foreclosure and the house will get sold by a court or a trustee. The price received likely would be less favorable than that received from a normal, unpressured listing and sale.

Finally, most states (including California) allow an unhappy co-owner to sue the other owners to force a sale of the property and a division of the net sale proceeds. This is called "partition." It is less desirable than a friendly sale, but perhaps better than a foreclosure.

See a local lawyer (where the property is located) to discuss these options.

Re: the sell of property

from the facts given, you would be a cotenant with a 1/3 interest in the home, unless you and your sister both inherited your mother's interest when she passed. so, if the property is located in california, you would be able to partition the property thru a court order and force its sale or a buyout of your equity by yous sister if she can afford it. at any rate, your best bet would be to retain an attorney to take care of this for you as swiftly as possible. if you would such assistance in this matter, feel free to email me today with how you would like to proceed.