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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

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Attorney answers 4


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.

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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.

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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

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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.