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Old 09-23-2009, 10:39 PM
 
1 posts, read 4,318 times
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Hi, Im from California. About 15 years ago, my grandfather placed all 7 of his children's names on the deed to his home, making them all co-owners. He passed away about 2 years ago. One of my aunts lives in the home. The other 6 siblings are wanting her to either buy them out, or vacate so the house can be sold. Can the 6 siblings force the one living there to either buy it or sale it? She keeps saying she wants to buy it, but won't follow through. Thanks for your thoughts on this issue.
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Old 09-23-2009, 11:27 PM
 
Location: Columbia, California
6,664 posts, read 30,615,239 times
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These are always hard. You may have to rent her a apartment and move her out. Maybe give her a choice to buy you all out one at a time. Make sure she is paying her part of the insurance, taxes and some rent.

May have to talk to a lawyer.
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Old 09-24-2009, 01:23 AM
 
Location: Tijuana Exurbs
4,539 posts, read 12,404,526 times
Reputation: 6280
On the face of it, I would say yes they can force the sale and move her out. The other siblings have 6/7ths control, and that's a majority. However, I would suggest posting this question in the Real Estate forum. You should get more knowledgeable answers there.
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Old 09-24-2009, 09:47 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,311,234 times
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Co Ownership can take several forms in CA. The answer to your question depends on how title is vested in the 7 parties. If you are all Tenants-In-Common, then each of you owns an undivided 1/7th interest in the property. This means that you can't go and point out one 7th of the property and say "that part is mine". However, each of you can sell, or devise (offer it as an inheritance to another family member) your 1/7th interest. You could even theoretically place a mortgage on your 1/7th interest (but you would never find someone silly enough to lend the money on it). If you have a "Buy/Sell" agreement in place stating the terms and conditions under which any of the parties could purchase or sell their interests to others, then you could enforce the terms of that agreement.

If you all received your interest as Joint Tenants (which isn't as likely, but it's possible) you all own the property as a "single entity" with no one person having a 1/7th interest that could be sold or transferred. Again a Buy/Sell agreement in place would govern how to handle the transfer of interest(s).

You should definitely speak with a knowledgeable real estate attorney on the subject. There are a lot of variables that may be in play that might make my post invalid.
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Old 09-24-2009, 03:52 PM
 
1,319 posts, read 4,243,340 times
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A sale can be forced by a court order. I've seen it done.
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