Expert, localized Los Angeles answers provided by Heather Roy

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Keeping It In The Family

  Dear Mrs. Lank, My house was part of my grandmother’s farm a hundred years ago. Three years ago, my uncle deeded adjoining land to me and a cousin. I have been paying the taxes as well as maintaining a vacant house on the land. I have requested my cousin to pay her share, which she refuses to do. I spoke to an attorney who says I cannot force her to pay.

I would like to keep the property in the family and there is a family member who would rent that vacant house, but my cousin is unwilling to sell her share to me. I would appreciate advice.
 
 

The one thing you can do is force a sale. Your lawyer can help you ask a court to order “partition”, a public auction sale and division of the proceeds. The problem is that such a sale seldom yields the real value of the property, and of course it involves legal expenses. Perhaps your cousin will agree to sell his share if he gets a letter from your lawyer pointing that out. Or perhaps, if you have the funds, you could bid yourself at the auction and buy at a bargain price. Your lawyer can advise about whether that would be possible.

 

    Edith
Originally published on May 6, 2006
 
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