Legal Question in Real Estate Law in New Jersey

Re: One party wants to sell house; other party doesn't

If you and your mother are both on the deed, then very likely you have a Judge order that the property be sold (a lawsuit for 'partition or sale').

This sounds like there are several other issues involved that an attorney could help you with.

Please call my office if I can assist you. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: One party wants to sell house; other party doesn't

As to the house, if two people own a house and one wants to sell, the only way to force the situation is to file a lawsuit called a Partition Action. However, since it is your mother, you may not want to go that route.

As to her "placement", if you feel she cannot not take care of herself or make good decisions for herself, you can file a guardainship action. You would need the opinion of two doctors that she is unable to care for herself and notify any other close relatives of your actions. Once the Court appoints a Guardian, the Court then agree to the sale of the house with at least half the proceeds being held for your mother's benefit. You would be entitled to some credit for your payments and upkeep of the house. If you want to discuss this further, please call for an appointment.