Q: Can we sell our share of house left to two children . Sister lives in it I live out of state but need to sell my share
Inherited house, sister lives in it rent free, I pay taxes every year. I live out of state House is in Baton Rouge. I need to sell my share so I get my money . How do I do this with limited resources, sister will not talk to me so conversation is not an option.
A:
Tell her you are going to file a Petition for Sale in Lieu of Partition, and, when she doesn't answer in a week. hire a lawyer and do it. The statute is quite clear. In the end, the legal fees will be shared by all of the parties, and there are no defenses. The elements are (I'm doing this without the book, so I'm almost sure I'm being precise): 1) That you are a part owner; 2) that one or more part owners wish to sell; and 3) that the land cannot be partitioned. So, anything residential is a no-brainer. Tell your sister that you are going to ask for back rent back to the statute of limitations unless she cooperates. You probably won't get it, but you theoretically could, and it is often quite persuasive. Doing this pro se is a very bad idea, because the judge needs to know you are going to get to the finish line before he or she tries to put your sister out of the house.
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