Stamford, CT asked in Real Estate Law for New York

Q: What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?

I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped doing so. Naturally it would be preferable to sell the house to reclaim any equity.

The issue is that my parent and my sibling are on the deed, my parent and my sibling are on the mortgage, but only my parent is on the note, leaving my parent responsible for the payments which my parent in turn expected the sibling to make in good faith. A complication is that the sibling is estranged from the family currently, so it would be difficult to get the sibling to cooperate with a sale, especially since it is also the sibling's residence. My parent has never resided in that home.

Are there any legal options for me as POA to force the sale of the house without the cooperation of the sibling?

Related Topics:
3 Lawyer Answers
Elaine Shay
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.

Peter Klose agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You would need to bring a partition action in Supreme Court to get a court ordered sale. In that process, there would be an opportunity for settlement, including a sale on consent.

Jack Mevorach and Peter Klose agree with this answer

Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: A lawsuit for partition.

Jack

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.