Q: My friend owns properties with her two brothers. She wants to sell. One brother does not. Can she compel him to sell?
My friend is cash poor and really needs the money from the sale of these properties. Her brother refuses to sell because he wants to leave the properties to his son. My friend has a medical condition and needs the money for insurance, medications and the like. She can't cover basic living expenses. The houses on this land are falling apart, so my friend does not want to spend money on their upkeep. In all, there are three land properties. Can she legally force her brother sell?
A: Yes, your friend can sue for "partition" of the property. It would be sold, and the proceeds distributed to the owners.
Barbara Billiot Stage and Jane Kim agree with this answer
A: Your friend should consult with a lawyer about a partition but also have the lawyer first try to work out a resolution so the legal fees don't take a lot of the equity in the house.
Vincent Gallo , Jane Kim and Terrence H Thorgaard agree with this answer
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