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Can I legally be bought out by my other siblings?

Question Details:My mother died without a will so all 5 of her children are entitled to her house. Can I force them to sell the house or can they legally buy me out?

Asked 2 years ago under Wills, Trusts, Probate | 453 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

The law provides an equitable remedy known as "partition"; this means the division of property among co-owners.  Real property held by co-owners as a tenancy in common or a joint tenancy may be partitioned.

If a property can be physically divided the Court will so instruct.  However, here division would be impracticable since we are dealing with a single family dwelling.  In this instance, the Court will either (1) order a sale of the property and an equitable division of the proceeds among the co-owners; or (2) order a partition which would permit one co-owner to purchase the interest of the remaining co-owner instead of a physical division of the property or a court-ordered sale.

So either your siblings can buy you our or you can force a sale.

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