Skip to main content

Can i legally get my sister, brother & nephew to give me my share of a house we all co-own?

Jackson, NJ |

My mom put her house in my name, my sister, brother & nephews names. Her final wishes (she passed away 2 yrs ago) were that we would sell the house & split the money from the house. My brother & nephew have been living in the house, they are refusing to sell it. I had my hours cut at work, lost health insurance & asked them to buy me out. They refused. Who can I get them to give me my share. The house is in Staten Island, NY

+ Read More

Attorney answers 4

Posted

While I do not practice in NY State I would suggest you contact a NY lawyer to discuss what is probably known in that jurisdiction as a partition action. This type of action can be used to force the sale of the house or require them to buy you out. Good Luck.

IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.

Posted

I agree with the prior commentator that legal action may be required (and hopefully is available) to resolve a dispute among co-owners as to the disposition of property. It would help if there were some writing (deed of gift, will, memorandum written at the time of gift) to indicate your mother's intent as to the disposition of the property.

Please consult an attorney directly before taking action. This answer is intended for general information only and should not be taken as legal advice. My communication with you is not privileged and is not within, or intended to create, an attorney-client relationship. Pursuant to Circular 230 of the Department of Treasury: (1) no written statement to be provided by me relating to any Federal tax transaction or matter is intended to be used, and no such statement can be used, for the purpose of avoiding penalties that may be imposed on the taxpayer, and (2) such written statement may not be used by any person to support the promotion or marketing of or to recommend any Federal tax transaction or matter.

Posted

I agree with the answers already posted here. In NJ you would be entitled to file an action called a "partition", which is basically a forced sale in most circumstances. In NY things may be different. You should consult a NY based Real Estate attorney. Good luck

This answer is not intended to be used as actual and specific legal advice, and this answer is not intended to create an attorney-client relationship. I am happy to provide basic answers and to speak in terms of generalities, but I am not intending to give specific advice that could be construed as forming an attorney client relationship. I offer free consultations, and I am always happy to speak to potential clients personally about their legal questions. Thank you and good luck!

Posted

You must contact a New York attorney to help you with this. My guess is, as another attorney pointed out to you, that you may be able to force a sale of the property. Good luck.

Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be construed as legal advice, just general educational information.