Q: Is there an obligation for my sister to sign a contract and if she refuses, would that be her forfeiting her claim?
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to living arrangements, but she hasn’t signed and is going against the terms we laid out. She hasn’t paid any money towards property taxes/insurance and “cuts corners” on the light bill. I would like to keep the house, but just want her to leave/give up her claim, how do I go about this?
A:
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest but does not live in the property. You have asked the sister living with you to leave and she doesn't want to leave or to pay any share of the expenses. If she doesn't want to leave- it is likely best the property be sold. At any sale you would be allowed to bid or buy the property. If your sister will not agree to a sale. Then an action to sale the property can be brought. I am saying the above without knowing if there is a will or other document that may speak to these issues.
A: An action for a Partition Sale For Division may need to be filed if no agreement. Any owner can file it. All tenants in common have a right of possession, so only a force sale can remove anyone.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
