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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
A: If you and the widow are tenants in common, then either can file suit for a Sale For Partition.
Barbara Billiot Stage and Phillip William Gunthert 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.
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.
