Legal Question in Real Estate Law in New York
Selling a House
I owe a house with 7 of my brothers and sisters. My mother died almost two years ago. I do not live in the house, but some of my brothers and sisters do. Seven out of the eight want to sell the house. My brother does not. He does pay most of the mortgage and my sisters pay the rest of the bills. (That was the deal that was made when my mother bought the house from her brother and sisters) My brother's name is also on the mortgage with my mother's name because she was a little to old to take the mortgage out by herself. The house needs alot of repairs and my brother does not want to make them. Actually he stays by his girlfriend's house most of the time. The rest of the family (even the ones who do not live in the house want to sell so the ones that do live in the house can house a down payment on a decent house.) The house does have a lot of property and we also have some people who are interested in buying.
Can you please tell me what we can do legally to sell the house and what our rights are?
Thank you.
--name removed--
1 Answer from Attorneys
Re: Selling a House
You can commence a partition action.
A partition action is an action in equity that divides a house between co-owners. It is too complicated to quickly explain the process. However, the end result is having a referee appointed to sell the house and equitably divide the proceeds between the owners.
Mike.
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