Legal Question in Wills and Trusts in Florida
Mother died 2 years ago leaving 4 adult children to split assets equally. All has been split except the house. One sibling decides to live in it (with daughter, 4 grandchildren and 3 dogs) and pay rent to the rest. I want the house sold and split. Do I have any rights here? Is there a time when this remaining asset has to be split?
2 Answers from Attorneys
The house needs to be titled into the 4 names. As a part owner you have the right to seek a court ordered partition and sale of the property, or the others can buy you out.
Your situation is not uncommon. If your siblings will not either purchase you undivided interest or sell the real property, your remaining option is to seek a "partition" of the property. This involves a lawsuit against your siblings seeking the division and sale of the property. This may force their hand and get them to buy you out, especially if there is no mortgage on the property.
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