Q: Siblings are tenants in common and the surviving spouse claims to have lifetime rights in the home. Can i force sale?
Too many disagreements and one party(me) wants to sell but my brother doesn't.my mother is the surviving wife and claims to have lifetime rights..my uncle is the executor of the estate but the house is willed to my brother and I. Can I still partition to force sale the home and allow the courts to take control?
A: The answer will depend on many factors. It sounds like you father passed and left a Will that bequeathed the house to you and your brother equally. If that is true, then the Executor of the Estate should have a Deed of Distribution prepared, signed and recorded in the land records of the county in which the house is located. When that Deed is recorded, you and your brother will have title ownership and you and your brother can sell the house. I am unclear how your mother is involved, unless she and your father held title to the house jointly with the right of survivorship. It is my suggestion that you consult an attorney and show that attorney all the documents, such as the Deed to the house and your father's Will.
A: This is very complex and not something that can just be answered simply. You need to speak with an attorney to run you through all the scenarios
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