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My sister and I own a cabin together as tenants in common. Can my sister sell her share without my consent? We live in Califor

Brentwood, CA |

I don't want to sell

Attorney Answers 4

Posted

Legally, yes. You and your sister have separate interests in the property.

Practically, selling is very difficult, so she could not get much, probably less than one-half the property's value. Whoever bought it would have to share it with you. Owning as tenants in common when both parties intend to do so is hard enough. Owning with someone who does not want to own it with you is almost impossible. It would make more sense to sell the property or for one to buy out the other.

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3 lawyers agree

Posted

The real issue is: Who would want to buy a partial interest in the cabin? Would you? It is unlikely anyone would buy her share. You are smart to anticipate a problem so you are better able to discuss the issue with her. Good luck.

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1 lawyer agrees

Posted

She can sell it without your consent, but I am not sure who would want to buy her share knowing that you still live there. You may want to negotiate with her and try to buy out her share over installments or outright. Best of luck.

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Posted

Legally in my opinion your sister has the ability to sell her 50% ownership interest in the cabin. In terms of being practical and utilizing business common sense who is going to buy 50% interest in the cabin, other than you? Buying 50% of real property where the other 50% is owned by an unknown person is not very desirable. T think your sister is bluffing you should make her a low-ball offer and buy her out.

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