Legal Question in Family Law in Illinois
real estate
My wife and her brother have inherited property. We have been paying the majority of the estate expenses for 7 + years. My wife wishes to sell the property but her brother refuses to. Do we have any legal recourse to force him to sell?
3 Answers from Attorneys
Re: real estate
If you file a partition action, that will force the sale of the property. You will have the option to buy the brother out or he you. He also may be liable for the upkeep of the property.
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Re: real estate
I am assuming the property is located in IL. Therefore, I would defer to the posted answers by the IL attorneys. However, I would suggest that you have the documents reviewed by a local attorney. Feel free to give me a call. In GA, we would file a Petition to Partition, which can result in a forced sale. I would assume that most other states have a similar law, although it may be called by a different name.
Re: real estate
Maybe. You would file a civil action forcing him to contribute to the upkeep of the property. If you obtain a judgment and he could not pay the judgment you may be able to enforce the judgment but forcing a sale of the property.
I or another attorney that post here would be happy to help you for a fee.