is is lawful?

Question

Let's say theres a home left to three children after there parents die. only one sibling lives in the home,the oldest with his family. But the other two sibligs don't like his wife and are trying to get her out of the home.is it possible?

Answer 1

Yes, the siblings could force a sale of the property so that they can receive their 1/3 value of the property.

But the sibling who lives in it could buy them out.

How all of this is done depends on the state and whether there was a will or trust.

Answer 2

Generally, Yes. If the house is left to three people, then that means that each of the three siblings has an equal share of ownership in the house. Since the house obviously cannot be divided into 3 pieces, a court has the power to order that the house be sold, and the proceeds from the sale be divided equally between the siblings.

If one sibling wished to retain possession of the house, they may offer to "buy out" the shares of the other two siblings, for an amount of money equal to what they would have received if the house had been sold.

Answer 3

Yes.

It's not simple though, and all parties are best advised to get a lawyer.

The usual solution is that the 'live in' co-owner is assessed a rent payment, and pays a third of it to each of the other two co-owners, or he buys out the other two owners.

If they can't come to an agreement, a court can be asked to force a division. If that happens the house will be sold at auction (Always a BAD way to sell a house) the mortgage if any paid off, and the proceeds divided three ways.

Richard

Answer 4

depends on the laws in your state and the form in which the property was transferred. but assuming the parents just left the house to their three children directly (without a life estate to the son and family, for example), then yes, the other two children may be able to force a sale (sometimes called a partition) of the property. talk to a real estate attorney in your state.