Legal Question in Real Estate Law in Indiana

Brothers not in agreement over sale of home

My brother and I are tenants in common on a quitclam deed on our deceased parents home. I want to sell the property, but my brother doesn't. He can't afford to buy me out of my half. What are my options? Thank you


Asked on 4/14/04, 1:50 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Brothers not in agreement over sale of home

Ultimately when co-tenants cannot agree on selling the property, or one refuses but cannot buy the other out, the only remedy is a petition to partition the real estate filed in your local circuit court. If the property is not divisible in some way, then the Court will order it sold and the proceeds divided. The Petition to Partition is your mechanism to compel a sale.

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Answered on 4/14/04, 5:09 pm


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