Q: Ohio - What can be done when 3 own property but one living on it wont allow appraisal of home?
All three of us each pay 1/3 of the taxes. I am trying to get a current appraisal for which I alone will pay for, so I can sale my 1/3 of the interest which we share in common. The one living on the land said the appraiser can appraise the land but not HIS HOME. We all three own the home too, no contract has been signed to designate him sole ownership of home. (we are siblings that inherited the land and home from our mother.) Can I do anything about this?
He might be the one buying my 1/3 of the land. I was only going to ask 1/3 of what ever the appraiser comes up with so I would like a full appraisal.
A: Each co-owner is entitled to occupancy and possession of the home, so your certainly are legally entitled to have an appraiser enter. It is not "his home" totally. If he will not cooperate, then you can file a partition action to have the court order an appraisal of the entire property, including land and buildings, and a sale of all of it -- if a purchase and sale agreement cannot be negotiated between the 3 owners. Use the Find a Lawyer tab to retain a local real estate attorney.
Anthony M. Avery and Bruce Martin Broyles agree with this answer
A: I would not immediately file a complaint for partition. You may want to have a complaint for partition drafted and let him know that you can agree to a full appraisal or have the Court and a court appointed officer sell the property for you. Almost assured that no one will be happy with the sale by partition.
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