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?


Asked on 6/03/07, 10:34 am

3 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

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.

email me if you ahve any other questions.

Read more
Answered on 6/03/07, 10:38 pm
Charles W. Field Charles W. Field, Attorney at Law

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.

Read more
Answered on 6/05/07, 4:07 pm
John Jackson Law Office of John A. Jackson, P.C.

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.

Read more
Answered on 6/03/07, 10:45 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois