Legal Question in Real Estate Law in Pennsylvania
sale of property jointly owned w/rights of surv
My aunt and uncle, brother and sister, own my grandmothers farm together. The farm is vancant my aunt is now in a home.
My uncle did not live there. He wants to sell his part because he needs the money. the property is owned joint tenents with right of survivorship. Can he sell his part without my aunts consent? Can he divide the property into two parcels and sell one, without consent?
1 Answer from Attorneys
Re: sale of property jointly owned w/rights of surv
You really need to consult an atty on this one, as there are a lot of questions to ask, and numerous ways to approach and resolve your issues.
By "aunt and uncle, brother and sister," I'm assuming you are talking of two parties only, who are brother & sister.
Generally, any holder in interest can file a petition for partition, to sell off their interest. Perhaps the farm can be subdivided, but then, how and where do you divide to give everyone their proper interest? You could offer to buy him out, but what is his interest worth? This question might be the easiest to answer, what is the whole property worth, and what is your uncle's interest, a simple calculation, but this may not be practical.
As I said, too complex a matter to try to answer with an e-mail. Good luck.
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