Q: me and my brother would like to sell my mom home we inherited but my sister doesnt what can we do?
we inherited my mom home she had no will we appointed my aunt as administrator my brother and i had to move out of my mom home due to tge activity and behavior of my sister for the last 3 years she has been in the home not paying any rent just land tax once a year my brother and i are tired of not being able to enjoy the home and want to sell my sister says we abandoned the house which is not true we can't live together she combative can she stop us from being able to sell the home? also who has the power to file the papers and does the judge make the final ruling?
A: You have to file a petition to partition in the superior court of the county where the house is located. This is a complicated petition and will probably require the services of an attorney.
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