Real Estate question

**FOWL MOUTH** · 07-03-2019, 10:41 AM

If 2 siblings are left an acre lot with a beach house from their parents will, what can be done if one sibling wants to sell their part but the other doesn't want to buy the other sibling out? The land and house were left to both siblings.

**GRW** · 07-03-2019, 10:46 AM

File a partition action.

**Palmetto Bug** · 07-03-2019, 10:58 AM

Talk with your sibling first and try not to let a gift ruin a relationship. If the other side can't afford to buy it outright, try to find a compatible buyer who might want to go in halfsies.

**SwampDecoy** · 07-03-2019, 03:13 PM

Call me, I'll buy it out and partner with you. 50/50 split.

**FOWL MOUTH** · 07-03-2019, 03:18 PM

Could the sibling wanting to sell their part, sell to anyone they wanted and force the other sibling to share half of the house and land with the buyer?

**JABIII** · 07-03-2019, 03:23 PM

Sounds like somebody did a piss poor job of estate planning...

**scdiver** · 07-03-2019, 03:24 PM

Great question for an attorney.

Where is the beach house?

**SwampDecoy** · 07-03-2019, 03:25 PM

I am not an attorney, you would need to ask them. BUT in my dealings, absolutely they can sell to anyone they want as long as the Deed actually gives them 50% Ownership, UNLESS the Deed has a Restriction placed on it by your parents, who can and when sell. All of that would have to be spelled out in the deed/transfer of ownership.

**Buckin Bronco** · 07-03-2019, 03:28 PM

Originally Posted by JABIII

Sounds like somebody did a piss poor job of estate planning...

Yep

**2thDoc** · 07-03-2019, 03:38 PM

not necessarily

what parent would think one of their siblings would act like such a bitch?

rp · 07-03-2019, 03:47 PM

Originally Posted by JABIII

Sounds like somebody did a piss poor job of estate planning...

This

rp · 07-03-2019, 03:48 PM

Originally Posted by 2thDoc

not necessarily

what parent would think one of their siblings would act like such a bitch?

Count on it.

**JABIII** · 07-03-2019, 03:59 PM

Originally Posted by 2thDoc

a bitch?

I imagine if one were to delve into the situation, one would not have to go too deep to find one of these behind the whole problem in the first place...

**Jozie & Me** · 07-03-2019, 05:00 PM

Originally Posted by wbrown609

I am friends with a guy whose parents left a beach house equally to he and his brother thinking they were treating them fairly. His brother is a good guy, but doesn’t make as much as he does. With family expenses, his brother really cannot afford to pay his half of taxes, insurance, and maintenance on the house. My friend understands this and is willing and able to pay more than his share on the house. I say all of this just to say, it may not necessarily be someone acting like a bitch about it. They may not be able to afford it, may hate the beach and would rather spend their money on other things, etc. People have mentioned some options, but if they are dead set on selling, you either need to buy them out or sell outright and divide the money.

Have them sit down and come up with a schedule of weeks when each have custody of the home. Then have the brother contract with a realty agent for those weeks and rent it out. It becomes a profit center for him and the other brother can enjoy his beach house on the weeks he would’ve had custody.

**ecu1984** · 07-03-2019, 05:08 PM

Originally Posted by SwampDecoy

Call me, I'll buy it out and partner with you. 50/50 split.

Moe, put me down for a week

**Glenn** · 07-03-2019, 05:30 PM

Originally Posted by 2thDoc

not necessarily

what parent would think one of their siblings would act like such a bitch?

You know which one is gonna be trouble.

If my parents did that to me I'd revive them and re-kill 'em for making me deal with my sister in a financial matter. I'd rather have a kidney stone and ingrown toenails than to deal with that.

**SwampDunkey** · 07-03-2019, 05:49 PM

Gotta love the Salt Life

**Bad Habit** · 07-03-2019, 06:07 PM

Damn- it seems like it always ends up like this, I hope for the best for you.

**Aging Baby Boomer** · 07-03-2019, 07:04 PM

Our parents left several properties (rural tracts - no beach house!) to my sister and me. We shared, and managed, undivided interests in all the properties for over 25 years and never had a disagreement or cross word about any of it.

About eight years ago we decided on a plan to divide the properties so that we could prepare our wills. We then "swapped deeds" to clarify and memorialize the tracts that each of us now owns. Not saying that we are saints or perfect people, but I feel very fortunate to have had a good experience in this matter. We have seen other families literally torn apart due to squabbling over what Dad and Mom worked a lifetime to leave them as an inheritance.

That said, when my wife and I had our wills drawn we were careful to specify which tracts and parcels pass to each of our children.