Legal Question in Real Estate Law in Rhode Island

Re: sale of real estate

You can stop the sale by refusing to sign the real estate deed. However your brothers could file an action in Rhode Island Superior Court called a partition case in which they ask the court to appoint a commisioner to sell the property without your consent.

All co-owners of property ,tenants in common, joint tenants and life tenants can file a partition action seeking a forced sale of the property.

A commisioner is expensive. A commisioner is an independent lawyer apointed by the Court who hires a realtor, appraises the property and directs the sale of the property.

A commisioner would sell the real estate and deposit the money with the Court and the parties could fight about who gets what. In determining the disposition of the proceeds from the sale of the real estate the court would look at factors such as the respective interest of the parties, payment of taxes and insurance as well as payments for additions and upkeep.

David Slepkow, Attorney

http://wwww.slepkowlaw.com