Can I file a restraining order to halt the sale of a shared house?

[fortheluvofpete]

What is the name of your state (only U.S. law)?

 

[justalayman]

You would want a stay of execution of the courts order.


You will have to be able to justify the request though.

 

[fortheluvofpete]

Stay of execution as opposed to a restraining order?

As proof, I have emails of my sister offering me the house starting at $40,000.00 more than market value and more emails discouraging me from buying the property (for whatever reason).

 

[latigo]

Stay of execution as opposed to a restraining order?

As proof, I have emails of my sister offering me the house starting at $40,000.00 more than market value and more emails discouraging me from buying the property (for whatever reason).

Are we to take it that the above represents what you consider having a shared part or interest in your sister’s house, or by sharing do you mean shared occupancy?

Perhaps you have more information than thus disclosed, but if this is it, then you have no legal standing to resist the sale. No more rights than a total stranger.

But seriously, why would you consider that you have some legally recognizable voice in the disposition of the home, regardless of under what conditions and/or by whom and why it is being sold, when you have no ownership interest?

Even if you and sister came to acceptable terms regarding your purchase of the property, it would have to be in writing and signed by her. Moreover, any property rights she has in the house would be subordinate to existing liens, one of which is likely the initiator of the pending sale.

 

[justalayman]

Stay of execution as opposed to a restraining order?

As proof, I have emails of my sister offering me the house starting at $40,000.00 more than market value and more emails discouraging me from buying the property (for whatever reason).

apparently you do not understand what a restraining order is. It restricts some person from contacting another. Not what you are looking for. Based on what you have stated, there is already an order to sell the house. What you want is to delay or temporarily stop that action, correct? Then you want to ask the court to put a hold on the order to sell the house i.e. a stay of execution of the order.

What you do after that is important. Such a delay is not going to be permanent, if you can get one at all. The court will want to know why you want to put a hold on the sale.

as latigo's post shows, you have not given much information with which to base a response. Toss out more if you want anything that is given you to really mean anything. As it is, I simply answered your most basic question which may or may not apply to your situation.

 

[fortheluvofpete]

I want to buy this house, but I felt I was not given a fair price. I didn't challenge her position at first, thinking that once this house hit the open market, the true value would reveal itself. Now, without my being given the chance to counter, she accepted a low offer. I am asking if I could hold the sale, so to counter what now I believe to be the true value of the property.

 

[fortheluvofpete]

Thank you both btw for your replies!

 

[justalayman]

I want to buy this house, but I felt I was not given a fair price. I didn't challenge her position at first, thinking that once this house hit the open market, the true value would reveal itself. Now, without my being given the chance to counter, she accepted a low offer. I am asking if I could hold the sale, so to counter what now I believe to be the true value of the property.

are you a owner on the title? Is this a court ordered sale? Is she an executor selling the house in her capacity as an executor?

You need to give some info if you want answers that mean much.

 

[fortheluvofpete]

I'm sorry, I don't mean to leave anything out.
It's my 2 sisters and I that inherited a non family members estate and the oldest was left in charge of dividing it. As far as I know, all our names are on everything, but I could be wrong.

 

[justalayman]

If the estate is still in probate, it sounds like sis is executor and making a decision as exec. While you likely cannot stop the sale (in this situation), sis may be liable to you if she sells the house for less than market value. You cannot make her sell the house to you, if she is executor. She has the right to act in what she believes is the best action unless directed by a will or law to act differently.

Now, if probate has already been closed and your name is actually in title, she cannot sell the house without your agreement or a courts order requiring the sale.

so, to your best knowledge, is probate still open or is the house actually in you and sisters names?

 

[fortheluvofpete]

The probate is still open. I'm not sure if all of our names are on the house, I thought they were, but I'm not sure. Everything that I did see had all of our names on it and that everything should be equally divided by 3.

 

[justalayman]

If probate is still open, most likely your names are not on the title to the house. It sounds like sis is acting as exec and is basically selling the house with the intent of dividing the proceeds between the group. You also have to realize that if there are debts of the estate, any asset can be sold to obtain funds to pay the debts if there is not enough cash available to pay the debts. Debts get paid before you figure out how much there is to distribute to any legatees.

So, if there is a will, if it states the house goes to you and sisters, then that is what is supposed to happen (if it doesn't have to be sold to pay debts). If it states that the value of the estate is to be divided among the sisters, then she can sell the house or retain it and put it in everybody's names. You need to find out what the will states. You can get a copy of it from the probate court.

 

[fortheluvofpete]

Well I do know that there are no debts to pay and that there is a bank account to pay for anything that comes up.

What is bothering me is that a stranger is given the opportunity to buy this property for much, much less than was presented to me, and it seems that there is no way for me to get this same deal.

I will review the will.

Thanks so much for your help, I really appreciate it! Enjoy the holiday!

 

[justalayman]

You might be able to contest her actions if it damages you (which if you are willing to pay more than she is selling it for, she is harming the beneficiaries of the estate, including you). She has to act in the best interest of the beneficiaries of the will and could be personally liable for actions in contrast to that.

 

[fortheluvofpete]

You might be able to contest her actions if it damages you (which if you are willing to pay more than she is selling it for, she is harming the beneficiaries of the estate, including you). She has to act in the best interest of the beneficiaries of the will and could be personally liable for actions in contrast to that.

Thank you, I do feel it damages me and I would pay more. Forget the family price, I'll take the perfect stranger price plus!
Is this something I can do on my own, or do I need a lawyer? Would this be considered a "stay" that you spoke of?