3 brothers own deceased parents property. One brother has sent the other 2 a summons on complaint. It appears he wants to sell the house and property low and buy it and sell it higher for a profit. The other 2 brothers just want to sell for an average market value. Can 1 third over rule the other 2 thirds? This is in Ohio.
Real Estate Attorney
It sounds like he is trying a partition lawsuit. A partition action is a lawsuit between co-owners of real property, that seeks a judgment ordering the property to be sold, or in some cases divided so that the co-ownership is terminated. The other 2 brothers will want to file an Answer and assert their interest to the real estate and make sure the property is sold at fair market value. The Ohio partition statute will require that anyways, but you will want to file an Answer and make sure this is what occurs.
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Real Estate Attorney
My colleague is correct about the partition
Understand that a partition action is a very specialized lawsuit
You need a good local real estate attorney who has experience with partition actions to represent you - and maybe your other brother also as long as the two of you agree on everything
I agree with Mr. Beyke.
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