Legal Question in Real Estate Law in New Jersey

My sister and I own a house we just inherited. I no longer live in the house but she does. I have been out of the home for years. She also runs her business out of the home and because of her there is much damage done to the home. She lies about saying she wants to get out.
How much would it cost to hire an attorney and start a partition act to force her to sell the house? What if she stalls and lies to the attorney saying she wants to move out but actually doesn't?

Asked on 4/30/11, 5:42 pm

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

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First, the estate of the person you inherited from will have to be administered in order to change legal title to the house to you and your sister. If there are not sufficient other assets in the estate to pay the costs of administration, which include paying all taxes, the house may have to be sold and proceeds used to pay those expenses.

If the house does not have to be sold to pay estate debts, it will be much better for both of you to agree to sell the house and divide the net proceeds. If you sue for partition, you will incur lawyer's fees, and the court may determine how that sale will be conducted, incurring more costs.

If you and your sister absolutely cannot find a way to agree, you will have to file a partition action. She will have to answer the complaint, and eventually go to trial if the case is not settled. Whatever she says to your [or her] attorney should not affect the outcome.

Don't try this on your own. Litigation has many procedural rules. If you don't comply with them, you may compromise your rights.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Answered on 4/30/11, 7:14 pm

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