I don't want to sell
Real Estate Attorney
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.
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.
Lawsuit / Dispute Attorney
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.
Free consultation. Direct line- 855-637-0938 .24/7. Video/Phone/In-Person. firstname.lastname@example.org. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.
Divorce / Separation Lawyer
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.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.