Tuesday, August 19, 2014

My sister and I share equal ownership of a home. I moved out 5 years ago and she has lived there since. She is unable to buy me out but refu...

Question

My sister and I share equal ownership of a home. I moved out 5 years ago and she has lived there since. She is unable to buy me out but refuses to put it up for sale. What are my options? Would I have to sue her? What for? If we can't come to an agreement on her buying me out, wouldn't it be undisputed that we must sell?



Answer

You would have to file suit for what is called partition of the property. The court would order the property sold for fair market value. She may also owe you rental value for the five years she's lived there after you moved out.



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