Middletown, NJ asked in Real Estate Law for New York

Q: What do you do if a sibling won’t sell a house that was left to 2 siblings. The house has no mortgage.

The 1 sibling has always lived in the house & continues to but won’t sell the house or take a mortgage to give the brother his share. Currently a lawyer has been working on this close to a year with no resolution

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You need to bring a partition action. I am not sure what the lawyer is doing, but that is the process. It is certainly possible that an action has taken over a year to resolve.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Lindenhurst, NY
  • Licensed in New York

A: This situation can be resolved through a partition action. These types of cases can certainly take over a year, especially with the current court closures due to Covid-19.

Is the lawyer representing you or the other sibling? If the lawyer is representing you, they should provide you with a status update.

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