Can a co-owner of a home (50%) force the other partner into selling the home in California?
My mother will inherit her mother´s home when she passes away. So will my uncle. They are both stipulated in the will to be co-owners but that´s it. If my uncle wants to sell the home, can he force my mother to do this in California?
3 Responses
?master
31 Mar 2010
buttaflies29la
31 Mar 2010
He will have to sue & may still not win. Depends on the laws & his case within the housing courts there
trade_info
31 Mar 2010
NO, it does however show how important it is to have an agreement between co-owners at the start, which addresses these and other issues.
No! He can’t but he may go to court and give sufficient reason why he wants to release his shareholding in the property, and on this basis the court may decide to make a ruling in his favour, but your mother would have to agree to the investor. If he is so desperate to sell it would be best to raise the finance to buy his share, at a reduced price thus avoiding a forced sale. Get 51% or more in your inheritance, then you can dictate whether to sell or not.
Good luck!