Legal Question in Real Estate Law in California
Forcing a real estate sale.
My aunt signed over a piece of property to my wife and myself with the attention that I share the property 50/50 with my sister. But now that she has passed away my wife refuses to give my sister 50%. I need to know how to force my wife to sell the property so I can give my sister the money that my aunt and father wanted her to have.
2 Answers from Attorneys
Re: Forcing a real estate sale.
I don't think what you're asking about is legally possible. Wills and trusts can be used to insure a particular distribution of one's property after death. Hidden intentions, or even spoken desires not reduced to a formal instrument, cannot be enforced. There may be a rate and theoretical exception to this rule, but in general one may not even testify as to the intention of someone who is deceased.
Re: Forcing a real estate sale.
Do you want to stay married or are you willing to sue your wife and likely get divorced?
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