1/3rd owner in deceased parent's home with my two siblings, one of which is claiming to be filing a Partition/Sheriff's sale/Chapter 7 Liquidation to satisfy a debt and property will be auctioned off. How can I stop this? If i move into the house, will that help this matter?
1 Answer from Attorneys
Nobody can be forced to co-own property with another. So, if you are all 1/3 owners of a property, any one of the owners can petition the court to partition the property and the court will do it. If the property is a large plot of land, the court may partition by physically dividing the property into 1/3 portions. Obviously, you can't do that with a house, so the court will order the house sold. The only thing you can do to stop the sale is to pay her off and "buy out" her 1/3 share of the house.