Q: My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years.

A: Your mother-in-law needs to speak with a lawyer before making any deals. Where she resided for the past 20 years has no bearing on title to the house. If title was not resolved at the time of the divorce and the house was owned by the marriage, she probably owns half of it. Her ex can claim her half of the expenses to maintain the house over the last three years (and arguably longer) and she can claim that the amount due should be set off against the value of the tenancy solely occupied by the ex-spouse over the last three years (and arguably longer). Often, these two claims set off and balance out. She has a fairly clear path the recover her half of the value by filing a Petition for Sale in Lieu of Partition. There are no real defenses, and the legal fees are often paid off the top of the sale of the house. Of course, if the ex-spouses made any settlement agreements in writing regarding the disposition of the house as part of or after their divorce, that may change the results, but your mother-in-law may be walking away from one of the largest assets in her life.

A: Ordinarily each co-owner on title has rights to share in the proceeds of sale. Living in a property does not change someone's status as owner although owners may seek to offset if they paid more than their share of expenses. In most cases co-owners will reach an agreement (if they were married this may have already been done) for one to buy-out the others or to sell the property and allocate the proceeds. Where co-owners used to be married, it would be important to confirm that no court already ruled on issues related to the house and its proceeds in earlier divorce proceedings.

If co-owners cannot reach agreement they could file for a sale in lieu of partition. In that case, besides the attorneys involved, the court will appoint a Trustee. Because going the sale in lieu route adds Trustee fees on top of legal fees and the normal realtor/auctioneer fees, it is nearly always more cost effective for owners to reach agreement.

A: Yes, a court can force the sale. The action is called a "Petition for Sale in Lieu of Partition." If the parties cannot agree on a sales price or the ex won't cooperate in the listing, then the court can appoint a trustee to take over and sell. That's obviously going to cost both of them money, as the trustee is entitled to be paid out of the proceeds for their time, and there will also be the regular real estate agent fees. Hopefully the ex meets with a lawyer and reads the writing on the wall, and cooperates, or pays a fair price to buy your mother-in-law out.