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  1. #1
    Join Date
    Feb 2007
    Posts
    1

    Default How to force sale of shared property

    Hello, I have been searching a little for a few questions that I have about a shared family estate. I am not very knowledgable about my situation but I can give you a short run-down and I would appreciate helpful comments and answers.

    Current situation: I live in Hawaii. My grandfather left a property with 2 houses to my father, myself, my brother, and my aunty about 15 years ago. My father recently passed away and left his share to my mother, so as it currently stands, My mother owns 1/3, my brother and I each own 1/6, and my aunt owns 1/3 of the property. My mother and I live in one house and my aunt and her family in the other. We are at our wits end with these rude, lazy and purely self-serving "people" who I no longer consider relatives. We absolutely want to sell and move as far away as we can from these people. I have a few questions... I'm aware that because this is a shared property, all parties must be willing to sell in order for the property to be sold. Are there ways we can force my aunt to join us in selling? I know she will not sell unless forced because with her share of the property they will be unable to purchase anything more than a 2 bedroom apartment and she makes the sole household income of that family. I dont mean to be cold hearted but after 15 years of their antics and repeated pleas and warnings nothing has changed... Also if there is a way to force the sell, I am worried that she will get more than she deserves. Because they have done nothing to fix their house which in my opinion is on the verge of being declared unsuitable to live in and decreases the land value. My family on the other hand has poured at least $20k and countless hours of renovation into our home on the same property. If we sell will she get 1/3rd of the lump sum that we receive or is there a way to show that she should not get that total on the grounds that their house decreases the attractiveness of the property and the land value? If you are wondering, the difference from their side of the property to ours is drastic, like comparing a grassy field to a swamp.

    Thank you for your help or comments... I wouldnt mind help on polishing up my questions with technical terms to be able to present to a lawyer if it will be needed. Also if it helps, I am almost 100% sure this will turn ugly because that is the type of people they are, so I would appreciate any kind of legal help in that area also... I know Im asking a lot but my mother and I are almost at a point of desperation... Thank you!!

  2. #2

    Default Re: A Way to force sell of shared property?

    If you sell the proceeds will be divided according to ownership.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: A Way to force sell of shared property?

    An alternative to (costly) litigation and having to share the profits from your well-kept portion of the property: If it's as bad as you say, consider trying to get their house inspected and their occupancy permit revoked, then offer to buy out their interest.

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