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    shelleycat's Avatar
    shelleycat Posts: 1, Reputation: 1
    New Member

    May 12, 2007, 01:58 PM
    Sibling refuses to move from/sell home parent left to all 4 siblings
    My mother passed away 6 years ago and willed the family home to her 4 children equally. Three of us have our own homes but brother, never married, has lived most of his 58 years in that home. He does not want to sell and continues to live there (a duplex, 6 rooms each side). He uses one side for basic living purposes and smokes and plays music on the other side, saying he couldn't stand to have a renter. He is not maintaining the house although at this time it is in good condition except for needing updating on the interior. The 3 other siblings want to sell but he calls us selfish and says we are only thinking of the money. I think it could sell in the $175,000 - 200,000 range but it would mean he would need to find somewhere else to live. Do we have any legal recourse in this matter?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534

    May 12, 2007, 02:25 PM
    Yes. You can speak to a real estate attorney about filing a lawsuit for a partition of the property. This is where the judge orders that the property be sold and the money divided equally among the owners.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    May 12, 2007, 02:28 PM
    You can ask him to sell the home... If he does not like to sell it he has to pay 75 per cent-3/4 of the value to his siblings -take an expert.

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