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Joint Tenants in Common Questions Please help!

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Empresive

Junior Member
Hello,

Im hoping someone can help me with with this question. My grandma had passed away in 2011 and her house went to her children
as equal shares of the house she owned and after she passed my aunt lived there till she passed away couple months ago.

Now my uncles are wanting to sell the house and my mom wants to buy them out but they refuse to let her or my dad or brother
buy the house but are wanting to do everything the can to get us to sell our share since they always have tried to buy my
mom out for long time and they just want to sell the house or so they say.

My question is i know they cant sell the house without my moms share as well and she wont sign her share over for the sale that my uncles had setup
for a buyer they had lined up but we want to buy them out but they refuse to sell us my grandmas home to us
so we can have a home for once and let it remain in our family. I did read that if the siblings cant come to an agreement that
if they want to spend the time and money to take it to court to try getting the court to be foreced to sell is it possbile
that it can be court ordered for them to give my mom the chance to buy there shares instead of being forced to sale if we
are wanting to buy it and they wont let us but want to sell the house. Any help would be great im trying to make sure
that since they want to sell and we want to buy that we at least get first chance since my mom alreadys owns a share of the house.
 


Just Blue

Senior Member
Hello,

Im hoping someone can help me with with this question. My grandma had passed away in 2011 and her house went to her children
as equal shares of the house she owned and after she passed my aunt lived there till she passed away couple months ago.

Now my uncles are wanting to sell the house and my mom wants to buy them out but they refuse to let her or my dad or brother
buy the house but are wanting to do everything the can to get us to sell our share since they always have tried to buy my
mom out for long time and they just want to sell the house or so they say.

My question is i know they cant sell the house without my moms share as well and she wont sign her share over for the sale that my uncles had setup
for a buyer they had lined up but we want to buy them out but they refuse to sell us my grandmas home to us
so we can have a home for once and let it remain in our family. I did read that if the siblings cant come to an agreement that
if they want to spend the time and money to take it to court to try getting the court to be foreced to sell is it possbile
that it can be court ordered for them to give my mom the chance to buy there shares instead of being forced to sale if we
are wanting to buy it and they wont let us but want to sell the house. Any help would be great im trying to make sure
that since they want to sell and we want to buy that we at least get first chance since my mom alreadys owns a share of the house.
What state is this in?
 

latigo

Senior Member
Why the plural pronouns "we" and "our" instead of "she" and "her"?

Anyway to understand the legal implications if one of the co-tenants petitions for partition of the property (forcing its sale), which by the way is indefensible, then tell us the name of the state. The manner in which a court would dispose of the property differs somewhat among the various jurisdictions.

Commonly, however, the court will order the land to be put on the auction block to be offered for sale at a sheriff's advertised public sale where the only bidders appearing will be those looking to steal it. With the successful bidder being the only winner.

Plus, besides being unprofitable (such sales never approach market value) it is a very expensive and prolonged legal process. Because of which most often the co-tenants (all of whom will suffer equally) eventually come to their senses and agree to more favorable means of disposition.

Out of curiosity, what happened to the deceased co-tenant aunt's share? You mention an uncle, but nothing about the aunt's heirs or devisees.
 

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