Legal Question in Real Estate Law in Georgia

property that is jointly inherited

My brother and I inherited my mother's house when she passed. There is no mortgage. My brother wants to keep the house but is financially unable to buy my half. What recourse do I have if he refuses to sell? We both live in the same town here in GA. He is currently living in the home with no plans to move.


Asked on 6/06/07, 7:40 pm

2 Answers from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: property that is jointly inherited

My firm handles partition actions in the event that you are interested in pursuing that option. Otherwise, perhaps your brother could refinance the property in order to obtain the funds to purchase the it.

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Answered on 6/07/07, 12:32 pm
Robert Thompson J. Robert Thompson Attorney

Re: property that is jointly inherited

If all else fails, you can bring a partition action in superior court, which will force the sale of the property.

Unfortunately, this often does not result in a sale for full market value, unless the judge is very cooperative.

You will definitely need the services of a lawyer to do this. I know a lawyer in Dalton who might be able to refer you to a knowledgeable real estate lawyer, if you wish to contact me.

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Answered on 6/06/07, 8:21 pm


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