Q: hello, i am co-owner of a home and piece of property in Citrus county. Can the co sell w/o my ok?
this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.
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A: If you and the widow are tenants in common, then either can file suit for a Sale For Partition.
Phillip William Gunthert and Barbara Billiot Stage agree with this answer
A: I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate and how the property is now held will determine what was done and what rights exist. If your brother's wife owns his share now (based on his probate), then you will have to deal with her and find an amicable resolution. If you cannot reach agreement, then a forced partition would be pursued which would likely result in the forced sale of the property, this will just result in additional costs related to attorney fees for this type of litigation, so you would be best served to reach reasonable agreement. One of the main issues that needs to be reviewed and addressed is how the property is precisely held now following your mom's passing mainly and now upon your brother's passing, that could impact ownership.
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