Submitted by Anonymous on Tue, 07/20/2010 - 07:48
My grandfather left his house to me and my two sisters when he passed last year. One sister does not get along with the family and has insisted that we sell the house. She says she will do petition to partition, but we told her we would sell the house. We just want her to contribute to the upkeep until it is sold. But she says she will not pay for any expenses or upkeep for the house (because, I guess, she thinks that will make us sell it faster). We are trying to sell it quickly, but can she refuse to help out with expenses? The house in on the market now, priced to sell, and hopefully will be sold soon.
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10/2/2011 18:37 by Anonymous |
unfortunately, yes
Very simply, your sister can withold payment of the expenses, FOR NOW. She will be (can be) required to pay her share from the proceeds of the sale before they are disbursed to her, tho. While this is dirty pool on her part, there is little you can do to stop her due to the mechanics of the court system. You would have to initiate a petition to partition and add a count for apportionment of expenses. For all practical purposes you would be getting her share of the costs and expenses at the time for sale. IF she refuses altogether to pay, or it looks like she is heading that way, then you initiate the action to compell her to pay and will have the ability to get a court order requiring her to sign the deed, when a buyer is found. Remember, these forums are for quick, snapshot looks at your legal issue and NOT a substitute for a full review of all facts and considerations which may surround your circumstances. Contact an attorney. Most will give you free consultations for up to an hour. In that time you can receive some great free advice.
Kevin W. Gaughen
Gaughen, Gaughen, Lane & Hernando Weymouth, Ma