Forced Tenant in Common with a Felon

[RickKC]

My question involves real estate located in the State of: California

I own a vacation home with my two brothers as tenants-in-common. One brother died leaving his share to his two children. One is a drug addict, is 26, and has been in the prison/parole system since he was 18. He has never been out long enough to have a job. Although a non-violent offender, his last arrest was for a parole violation of being in the possession of a firearm. I do not want to be a partner with this person. I am afraid when they let him out he will demand use of the property, make our enjoyment of the property miserable and generally make us fear for our safety. What are my options? Considering the circumstances, can a judge force him to be bought out? Can I get a restraining order to keep him from using the property? Can I force the whole thing to be sold so we can go our separate ways? What else?

Thanks in advance!

[LawResearcherMissy]

What are my options?

Offer to buy him out.

Considering the circumstances, can a judge force him to be bought out?

What "circumstances"? That he has a criminal record? No.

Can I get a restraining order to keep him from using the property?

No.

Can I force the whole thing to be sold so we can go our separate ways?

Unlikely, if no one else is interested in selling.

[aaron]

Can I force the whole thing to be sold so we can go our separate ways?

The process for that is a lawsuit for partition and sale - and if you retain a lawyer to litigate the matter I would expect the attorney fees to go into the five figures. It's best to try to work things out amicably.