Legal Question in Real Estate Law in New Jersey
Good afternoon:
I'm currently 50% owner of a two family home, the co-owner is my sister. It's a bad situation for me as she does no maintenance or assists in the care and upkeep of the property, all is done or paid for by me. This has been a ongoing problem for the past 8 years and my credit is suffering because of it. At this point, I want out but she refuses to even the discuss the matter. What are my options for a forced sale?
2 Answers from Attorneys
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That's a terrible situation. Usually I would say an Action for Partition is the way you have to go. What that means is you have to sue your sister, and the relief you are requesting from the court is to order the house to be sold. That's known as an Action for Partition. However since you almost certainly own the house with your sister as tenants-in-common, that means you can technically sell your half of the property to someone else and your sister can keep her half. Of course no one in their right mind is going to buy half a house. There's no choice here except you have to pay a local lawyer and have a consultation and a plan of action.
Good luck.
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