Indianapolis, IN asked in Arbitration / Mediation Law for Indiana

Q: What recourse does a 50% owner have if the other is allowing folk to occupy jointly-held property rent free?

Inherited home after Mom's death. Great nephew is living there having refused to sign a lease. Not credit-worthy.

the other joint-owner who wants to keep property for her grandson's use was asked to buy me out. She refuses. But wants the home for her family without seeing to proper remuneeration for this part-owner.

I am thinking mediation. She is obstinate. Effectively denying me rights to the benefit of my inheritance.

She thinks my hands are tied

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1 Lawyer Answer

A: Mediation only works if both sides want to save the expense of litigation. You can't force the other side into a productive mediation. By its nature, mediation involves compromise by both sides, so if only one side is willing to compromise, the mediation will fail.

Binding arbitration is a possible solution. Because it is binding both sides have to live with the arbitrator's decision.

If all else fails, you can have a local lawyer file suit to have the property sold so each side can cash out.

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