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Can my mother force me to sell our shared building?

Can my mother force me to sell our shared building?

Full question:

If I own half of a 2 flat building and my mother owns the other half, can she force me to sell the building or if she dies do I become full owner despite the will?

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Illinois

Answer:

The answer depends on the wording of the deed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to a jointly owned property if one owner dies?

When one owner of a jointly owned property dies, the surviving owner typically retains full ownership, depending on how the property is titled. If the property is held as joint tenants with right of survivorship, the deceased's share automatically passes to the surviving owner. If held as tenants in common, the deceased's share will go to their estate and may be distributed according to their will or state law. It's important to review the deed for specific terms.

Can jointly owned property be seized?

Yes, jointly owned property can be seized under certain circumstances, such as if one owner has outstanding debts or legal judgments. Creditors may place liens on the property or force a sale to satisfy debts. However, the process and implications can vary based on state laws and the type of ownership. Always consult with a legal professional for specific situations.

Can siblings force the sale of inherited property?

Yes, siblings can force the sale of inherited property if they cannot agree on its use or management. This often involves filing a partition action in court, which can lead to a forced sale. The court will consider the interests of all owners and may order a sale to fairly distribute the proceeds. Legal advice is recommended for navigating this process.

What happens if my husband dies and the house is in both our names?

If your husband dies and the house is jointly owned, you typically retain full ownership, especially if it's held as joint tenants with right of survivorship. If the property is held as tenants in common, his share may go to his estate and be distributed according to his will. Review the deed for specific terms and consult a legal professional for guidance.

What happens to a joint account when one owner dies?

When one owner of a joint account dies, the remaining owner usually retains full access to the account. This is particularly true for accounts held as joint tenants with right of survivorship. However, if the account is set up differently, the deceased's share may go to their estate. It's advisable to check the account terms and consult a legal professional for clarity.