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.
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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.
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