can we be forced to sell

[candysutton]

we live in california and my mother left property to split between 5 childern (adults) we are done with probate. if one wants to sell can they force a sale. 4 of the childern live on this property, 1 lives out of state.

 

[advisor10]

APRIL 16, 2001

Yes, if any of the children wants to force a sale, then the sale can be forced. The question is, would this cause a hardship for the other 4 children who live on the property--can they afford to live elsewhere? What is the value of the house?

SINCERELY,

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[Attorney_Replogle]

A sale of that one person's interest in the property can be done through the judicial system. It is called a partition of realty or property. Generlly one sibling suing the others (which is what a partition of realty is) tends to bring out the nasties in everyone. Other than that, we can't predict the future here for you. You can also agree to have a neutral real estate appraisal of the property. Then, assuming there is sufficient equity in the home, re-fi the property to pay off the one heir/sibling. Then the 4 of you will have to equally share in the payoff of that mortgage.