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Can I make my brother sell the house we inherited together?
Question:
My two siblings and I inherited a house from our parents. Two of us want to sell it and split the proceeds, but the third sibling doesn’t want to. He is living in the house, without paying rent, and can’t afford to buy the other two of us out. The mortgage is paid off, but we do have to pay property taxes and other costs of keeping up the house. And we’ve got our own mortgages to pay. Do we all have to agree before the house can be sold?
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You don’t have to agree—any co-owner can force a sale of the house by going to court and seeking a “partition” order. But obviously, a lawsuit is both a big expense and a surefire way to wreck the relationship among you and your siblings for good. What about a compromise? The sibling who wants to stay in the house could start paying the expenses (taxes, insurance, maintenance) and buy out you and your other sibling over time. (Put your agreement in writing, or it won’t be enforceable.) Or perhaps he could buy it from you by taking out a mortgage.