Posted by JENNY/TX on 9/11/13 12:30am
Msg #484096

ALABAMA FORCED SALE OF PROPERTY INHERITED BY 2 SIBLINGS

I am not sure if this is the right place, so forgive me if it should have gone in one of the other 2.

Example:

Brother and sister have inherited equally a property in Florida.

Can the sister force a sale of the property? She has no interest in ever going to the property, doesn't have the assets to pay for taxes, insurance, etc, which will be quite expensive.

Brother would sell property gladly but is married to a spiteful woman that does not like the sister and would tie things up to be hateful. She tells everyone that the property is hers. I know she will be whispering in brothers ear not to sell.

I need to know if the sister can force a sale of the property even though the brother doesn't agree because of wife.

Any info would be appreciated.

Thank you.

Reply by Lee/AR on 9/11/13 2:04am
Msg #484097

In one word...no. Co-owners need to agree to sell. What selling sister might do is sell her interest, but it would not be easy to find a buyer under those terrible conditions. Nice threat, tho'. Possibly rent it until brother & wife get tired of the situation? Brother needs to grow a backbone. Wife has nothing to say about it. jmho

Reply by GOLDGIRL/CA on 9/11/13 2:11am
Msg #484098

I am very sad that things on NR ...

... have sunk to the point where you feel you have to ask for "forgiveness" in case you posted in the "wrong" place. (But given the current hysterical backlash from a cadre of self-appointed NR police that instantly slaps silly anyone who violates their arbitrary rules of proper posting, I can understand your fears.)

In any case, yes, laws are in effect governing forced sales. Rules vary from state to state, and I'm sure an attorney would be needed. I got the following from an internet site, which should give the sister a basic idea: "A forced sale is an action taken in a civil court forcing the owners of a piece of real property to sell their property and to divide the profits. A forced sale is generally the result of a petition to partition action.

"Forced sales generally occur because tenants are unable to agree upon certain aspects of the ownership. The owners may disagree on how to use the property, on the amount of money to invest into the property, or on their right to occupy and use the whole of the property. If the parties cannot come to an agreement, the case moves to court through a petition to partition action. As the number of cohabitants increases in the United States, the petition to partition action has become more common as a remedy to divide real and personal property.

"Partitioning is a legal right and is commenced by filing a petition to partition with the court. Specific partition law varies from state to state."

Reply by HisHughness on 9/11/13 2:22am
Msg #484099

GG, this really gets tiresome

***I am very sad that things on NR have sunk to the point where you feel you have to ask for "forgiveness" in case you posted in the "wrong" place. (But given the current hysterical backlash from a cadre of self-appointed NR police that instantly slaps silly anyone who violates their arbitrary rules of proper posting, I can understand your fears.***

You had a very good point to make with the original poster. But first, we had to wade through that adolescent "nah nah nah" taunting that you seem to indulge in so much nowadays. Why don't you give it a rest and go back to being the professional that once was such a positive contributor to this forum? At least wait until you have an actual offense to complain about. You'd probably enjoy life more, and I know most on the forum would.

Reply by GOLDGIRL/CA on 9/11/13 9:14pm
Msg #484289

Re: GG, this really gets tiresome

Well... for what it's worth, HH, I haven't changed one bit from my first post to my last. Perhaps you had an inflated opinion of me which I did not deserve. But judging from your negative responses to many of my previous posts, I find that perplexing. And BTW: I have had many negative responses to several of your posts - but at least I never stepped over the line as to suggest how *you* "might enjoy life more.... tho I've been tempted!

Reply by Lee/AR on 9/11/13 2:24am
Msg #484100

That's a better answer

Check with a good FL r.e. lawyer as to cost.

Reply by James Powell on 9/11/13 7:08am
Msg #484104

As has been stated, there will be a need for a good real estate attorney in Florida. It may not be necessary to file the action for partition, just the threat may bring the brother to the table to buy out his sister.

Here is a background article from the Florida Bar on partitioning actions in that state:

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/EF93E7F8DEDFBCE1852573DE00658C57

Reply by jba/fl on 9/11/13 8:43am
Msg #484111

on the former link, remove the 's' on the https and it will link for you. Here....

http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/EF93E7F8DEDFBCE1852573DE00658C57

Reply by Shoshana/AZ on 9/11/13 10:11am
Msg #484121

Laws do vary from state to state.

In NY, if there is a conflict, a surrogate judge can force the sale. I almost had to go that route 10 years ago when my mother passed away. My brother wanted to keep the property and did not want to buy me out. We almost went to court over it.

Reply by sueharke on 9/11/13 11:37am
Msg #484148

Re: Laws do vary from state to state.

This is a little off-topic. The various states have interesting laws that allow them to make financial decision (estates, trusts, dying without a will, fighting siblings, etc) on what to do if people cannot agree or plan ahead. The unchosen plan for the people without a plan is much more expensive than finding a way to agree and plan for the future. Also, lawyers who work for the state don't have to do anything to get people to respond if he or she wants to get the money from an the sale of the property.

Reply by Shoshana/AZ on 9/11/13 12:01pm
Msg #484159

Re: Laws do vary from state to state.

My brother eventually dropped this demand which he made to me 2 days after our mother's passing. He claimed that it was her death bed wish to rent the home (a 2 family) to her longtime tenants afor long term at a below market rent. It was not in her will.

Reply by JENNY/TX on 9/11/13 11:10am
Msg #484131

Thank you all for your replies.

Jenny