can I be forced to sell?

[m.a.]

My husband and I own a piece of property with my father.(for 8 yrs.now) We have had a terrible falling out and he has taken me out of his will, (meaning that I won't get 1/2 of his 1/2 when he dies, it will all go to my sister.) We want to buy him out and have offered him 75% of equity (all of which we have built). He wants a ridiculous amount of money and says he will force a sale instead. If we can show that we have offered and willing to still pay over his fair share of the equity, can he still force us to sell? His intention is to hurt us by making us sell because we have work so hard to build it. Help please!!

 

[Tracey]

Yes, he can force you to sell by suing for a partition by sale. In a partition, the court orders that property sold & divides the proceeds according to how much each owner has put into the place (mortgage, improvements, credit for living there, etc.). Actually, since dad wants a ridiculous amount of $$, just tell him to force the sale. Then buy the place yourself!! You'll only have to come up with enough money to pay off the existing mortgage and his share, since you'll be getting a chunk of the sales price back as an owner.

If you can show that you've built all the equity since the downpayment, the court will reimburse dad for his downpayment & give you the rest. Dad's spite will end up hurting only him.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 26, 2000).]