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Any way to stop sale of my home by my sister a tenent in common

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mb45

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

I just received a letter by my sister S's lawyer that she wants the house sold or to be bought out. I have always lived here. In 82 the house was put in our names (as tenants in common) with our parents (and their heirs which was my sisters and I) having life rights. Sister S moved out fall of 83 and got married in 84 and has rarely visited out parents( who are now both deceased). Neither I or my sister E have the money to buy her out and I also have a lien against my portion which would leave me with nothing. If I pay all the expenses of the house it is cheaper than going into a senior citizens complex and I have more than 50 percent more space, and I am not restricted the size of dog I would like to have( a golden which exceeds the 35 lb limit). I am not sure if she is doing this because of me or sister E who is staying with a friend as she does not want to pay any of the expenses ( she is the sole beneficiary of our fathers life insurance policies) they have unresolved issues. I know that my father always wanted us to have a roof over our heads and their actions are definately not sisterly.

I am the oldest, 8 yrs older than sister S, and have health problems, I am on SSD and have a part time job to meet expenses. Sister E is the middle one, 4 yrs younger than me and 4 yrs older than sister S. Sister S has a good job, her house is almost paid off and she has a 2nd house(with her in-laws) and her children are grown.

I have been the dutiful daughter as being the oldest I've been the one taking care of both my parents with their medical issues.

Is there any way the courts would not order the sale of the property.
 


justalayman

Senior Member
Sister has a right to sue to partition the property. Especially given your reason to not sell a court is likely to order exactly what the sister is asking for. You are essentially holding your sisters share hostage for your own benefit.
 

latigo

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

I just received a letter by my sister S's lawyer that she wants the house sold or to be bought out. I have always lived here. In 82 the house was put in our names (as tenants in common) with our parents (and their heirs which was my sisters and I) having life rights. Sister S moved out fall of 83 and got married in 84 and has rarely visited out parents( who are now both deceased). Neither I or my sister E have the money to buy her out and I also have a lien against my portion which would leave me with nothing. If I pay all the expenses of the house it is cheaper than going into a senior citizens complex and I have more than 50 percent more space, and I am not restricted the size of dog I would like to have( a golden which exceeds the 35 lb limit). I am not sure if she is doing this because of me or sister E who is staying with a friend as she does not want to pay any of the expenses ( she is the sole beneficiary of our fathers life insurance policies) they have unresolved issues. I know that my father always wanted us to have a roof over our heads and their actions are definately not sisterly.

I am the oldest, 8 yrs older than sister S, and have health problems, I am on SSD and have a part time job to meet expenses. Sister E is the middle one, 4 yrs younger than me and 4 yrs older than sister S. Sister S has a good job, her house is almost paid off and she has a 2nd house(with her in-laws) and her children are grown.

I have been the dutiful daughter as being the oldest I've been the one taking care of both my parents with their medical issues.

Is there any way the courts would not order the sale of the property?.
No!

If your sister chooses to force a judicial of the sale of the property, there is nothing that can be done to prevent it. And that "nothing" would include all your above arguments, lamentations and personal inconveniences.
 

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