Evicting a brother on a jointly owned property

Asked over 5 years ago - Vermont

3 siblings have 1/3, 1/3 1/3 ownership of the property which was the parents home. It was intended that the property be divided among the 3 siblings upon the death of the parents. This intention was never put into writing. It was just an understanding. This was the only inheritance that there was. The parents have both been dead now for about 12 years. Nothing has ever been done with the place, because one of the siblings has been living there and preventing the sale of the place. None of the siblings have the money to buy anyone out - or any credit for any loans either. This sibling that is living there is in his 60's, and is basically indigent. The property is in terrible disrepair, and there are a lot of back taxes due. How do the other two siblings force the sale of the property so that they can get an inheritance?

Attorney answers (1)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . Assuming you each have an equal one third interest, you each have a right to use the property.There is a provision in Vermont law for partition or sale of the property. You may need to bring a partition action in Vermont Superior Court. If the property cannot be equitably divided into 3 parcels, as many cannot, the court can allow a sale of the property and then a division of the proceeds. A partition action generally requires the services of an attorney.

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