A home left to multiple parties after death...?

Question

My husband's grandmother left her house to him, his brother, sister and her daughter. The daughter left her portion of the house to her husband when she passed away. The problem is, my husband either wants to live in the house or be bought out. His Aunt's husband has been living in the home for about 10 years without paying rent. He does pay the payments associated with the home. The problem is, he is now renting the apartment to one of his family members. Now my husband wants the house to or to be paid. What can we do legally?

Answer 1

I agree with the above poster, in that, it sounds like this may end up going to court to litigate, but It’s worth trying to work it out before costly litigation,

Before I would sit down with the family, consult a real estate lawyer, this way when you go into the family discussion you are fully aware of your legal options if something can not be worked out with the family

Answer 2

     Time for a family meeting! Your husband need gather the clan and explain that it is time for the property to benefit everyone.

      Unless agreement is reached. Husband needs to retain an attorney to file a real estate partition plan. A Partition plan will either equitably divide the property among the heirs at law or require the property to be sold with each party receiving their pro-rata share. Since this is a single family home as opposed to a large expansive ranch, the Court will understand that the property is wasting as to the non-occupying owners. Division is impractical and the only reasonable course of action is to sell the property.

            This process is neither fun nor cheap. Everyone will see their share diminished by the costs. The Aunt's husband might be compelled to start immediately paying fair market rental value into a Court fund for subsequent dispersal.  Oh, did I mention the strain this will produce among family members. Schedule a second family meeting to see if upon reflection, some reasonable agreement cannot be reached among the heirs.

        This is a very common type situation and does not require particularly clever legal counsel. This is not brain surgery but it is beyond ability of do-it-yourselfers.

       Good Luck!