Legal Question in Real Estate Law in Indiana
My wife is in a dilema . Her father passed away nearly three years ago and her brother does not want to sell their fathers house. Three of the four children are survivng and all of their names appear on the deed, but the lone hold out, brother will not budge . What can she do to make him buy out her and the other surving sibling (sister) ? Currently they have a relative living in it .
2 Answers from Attorneys
The siblings that want to sell should hire an attorney to file a partition action which would force a sale. If the brother wanted to avoid sale at auction, he could then buy the siblings out.
It would be best to approach the brother first with the proposition that if he doesn't want to sell or buy out the other siblings' interests, the remaining siblings will file suit to force his hand. A suit of partition is the most appropriate remedy, but sometimes this produces a less than satisfactory solution since only a portion of the property is required to be sold, which limits the pool of potential purchasers.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
