Can Siblings Force The Sale of Inherited Property
A sibling can force the sale of a property. How? It is done using a partition action. When there is a conflict of interest regarding an inherited property, one answer can be to file a partition action. In the simplest form, a partition is a way a co-owner can ask the county court to separate the property and sell it due to the fact that the co-owners can not come to an agreement. The partition lawsuit is quite commonly utilized when people get divorced or when there are several heirs involved.
Before getting ready to file for a partition or consulting with an attorney, the filing party must have this information readily available:
- Names and addresses of co-owners
- Legal description of the property
- The amounts of the interest each owner has claim to
What usually ends up happening is that the people involved settle one of two ways; one heir buys the other out or they sell to a 3rd party. If the co-owners do not settle, the court will issue a judgement and the property would be sold by court order and the proceeds would be divided properly.
If you inherited a property with relatives, this forced partition process is on the more aggressive side and may cause some resentment between you and your relatives. We feel that you should consult with an attorney to review possible outcomes and find out if it is worth the risk of damaging a familial relationship.
Here at FL Home Buyers we like to delegate tasks to the professionals who are most suited to handle them. For instance, we work with a reputable local law firm that specializes in probate and real estate law. Our goal at FL Home Buyers is to work together to ensure the absolute best outcome. Give us a call and we can explore your situation and see if we could be a good fit.