Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?
Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to auction and did not sell the first time and was just reverted to the beneficiary after not selling the second time.
Do we have any legal recourse on this family member? We are out a significant amount of money because they refused to sell the home initially and they have now purchased a new home and moved on.
A: You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.
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