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View Full Version : How do we force an estate sale?


NoDumBlon
Aug 22, 2007, 11:55 AM
My fiancé and his brother inherited several properties including a home when their mother passed away 6 years ago. They have gone back and forth on how to divide the estate, but they never seem to come to an agreement.

Here is the question, how can my fiancé force his brother to sale all of the properties and both just walk away with their equal share and be done with it all?

Other info:

All the properties are owned outright and there is no monies owed to anyone.
The home is currently occupied by both brothers.
Three vacant property lots are in a different county than where they reside.
Three properties are located in various states (one each in FL, AL, NM)

Thanks in advance for any and all help!

ScottGem
Aug 22, 2007, 12:32 PM
If they can't agree to just sell the property, then have your fiancé ask his brother to buy him out. Maybe they could sell one property which would give the brother enough to buy him out on the others.

If he won't buy him out or agree to a sale, then your fiancé will have to petititon a court for partition of the property so he can sell his portion.

NoDumBlon
Aug 22, 2007, 12:43 PM
Believe me... he has offered him every scenario possible. This has been going on for nearly a year, and he is just fed up with everything and wants to be done.

How long does this process take from start to finish and what conditions would a court system say we couldn't sell the properties?

ScottGem
Aug 22, 2007, 05:41 PM
You need to consult a real estate attorney.