Q: I want to sell my portion of my mom's house she passed away last year my sisters name is on half the property how
Do I do that my sister is trying to take over the house but she is trying to sell it out from under us my mom put her name on the deed with her to be responsible they went in and tore every thing out of the house me and my brother want to sell my mom's half what do I need to do there was no will and I think the paper work on the house was tampered with because my mom had dementia my sister boy friend is trying to control. My mom's house I want to sell my part and my brother also
A: It depends on how the deed with your mother and sister on it was written. If they were on the deed as joint tenants with right of survivorship, you do not have any interest in the property as it would have passed entirely to your sister at the time of your mother's death. If they were on the deed as tenants in common, you would potentially be entitled to a portion of the property as an heir and could force the sale of the property. If your sister does not agree to sell the entire property, you would have to force the sale through a partition lawsuit. In a partition lawsuit, the court splits the property into even portions if possible, most of the time it is not, or the court puts the property up for auction if it is not possible to split it evenly. Schedule a free consultation to make sure your interest in the property is protected.
John Michael Frick agrees with this answer
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