How a partition lawsuit can help with inheritance issues over a co-owned house
Question: My two sisters and I inherited our parents’ Maricopa County home several months ago, and we have been arguing constantly. One of my sisters wants to live in the house at reduced rent, and my other sister wants to rent the home to a tenant at full rental value because she needs the money. I want to sell the house, as my husband and I are retiring and moving to Mexico. Help!
Answer: You should hire an attorney to file a partition lawsuit, which is no-fault like a divorce. Even if only one spouse wants a divorce, there will still be a divorce. Similarly, with a partition lawsuit, even if only one owner wants to sell a home or other jointly-owned real property, there will be a partition sale of the jointly-owned real property. After you file and serve the partition lawsuit, the court will appoint a special commissioner (probably a local real estate agent) to sell the home. After the house is sold, the net proceeds will be sent to the court to be distributed to the three of you, when the three of you reach an agreement on how to divide the sale proceeds. If you and your two sisters cannot reach an agreement, a jury will have to decide.
Contact real estate attorney Christopher A. Combs at .