Hello.. Quick question: If their are six owners to a home (brothers & sisters) & an amount of money was spent on repairs & to remodel
the home, & one of the six.. advanced the money to pay for the repairs & remodel the home. And it was agreed that the cost would be split in six
fair portions at time of sale from the profits. Since that verbal agreement one of the six had a falling out with the one who advanced the
money. Can a lein (cloud) from the other owners be put on the house, so that at time of sale that person would be forced to pay their fair
share of the remodeling to get their share of the profits.
Can the one remaining person refuse to sign at the time of the sale of the home, therfore blocking the sale of the home?
1 Answer from Attorneys
No. Liens can only be placed in certain circumstances absent a judgment. The person entitled to money could sue the heir who refuses to pay for what is called contribution. The thing to do if one person refuses to sign is to either buy out the share of the person OR compel the person to buy out the other shares. If the person refuses to sign then any of the other heirs can bring what is called a partition action. In partition, if the land cannot be equally divided (and it probably cannot be with this many heirs) then the court will order the land to be sold and the money divided.