Gilbert, AZ asked in Real Estate Law for Arizona

Q: My brothers & I own a home & one of them wants to add my 1/2 brother onto the deed. Can he do this w/o our consent?

He wants to sell & my other brother & I don't. He's trying to get a my 2 other half bro's on so he can take us to court & make us sell. My father just passed in Feb. & The others just want their cut & to move on. But the property was never in my dad's name. My grandmother signed it over to us before my dad passed. We all promised her & him that we wouldn't sell it or take another mortgage out on it. He had the house built for us to always have a place to be if we needed it. He wants it to stay in the family. I don't know what my rights are or what to do

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: If your brother wants to sell and the other owners do not, your brother can often force a sale by filing a partition action in the Superior Court. The Court will appoint a special commissioner to sell the home and the Court will decide how the sale proceeds will be divided if the brothers cannot agree. This assumes, of course, that there is no writing such as a Will or Trust or some family agreement that would require a different result.

Your brother does not need to add another person to the deed to accomplish a sale.

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