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forced partition of property owned 50%

Discussion in 'Other Family Law Matters' started by kevin hatch, Aug 22, 2017.

  1. kevin hatch

    kevin hatch Law Topic Starter New Member

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    Jurisdiction:
    Utah
    I own 50% of a cabin, with lot and lot behind cabin at Bear Lake Utah with my sister. We have wanted to sell for the last 5 years as we do not have the money for the upkeep and bills for the cabin. We have offered her to buy us out but she says she doesn't have the money. However, she has the money to pay the utilities, insurance and other. We have not been able to use the cabin for over 2 years and she is living there during the summers.
    I want to force the sale as I need this income for my retirement. We are trying to live on social security only at $2100.00/month. I am 67 and my wife is 65. She is working full time since November 2016 at the Humane Society of Utah to just help make ends meet.
    The cabin sale will help fund us through retirement as we have no other source such as an IRA or savings. We need a newer used vehicle that is dependable as the two we have now are 2001 and 2003 F150 pickups that are worthless and cost us money all the time in repairs.
    She said she would sell, but she always has an excuse to put off the sale and this has been going on for 5 years. We are done waiting as life is too short.
     
  2. zddoodah

    zddoodah Well-Known Member

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    I don't see a question in your post. Do you have one?
     
  3. mightymoose

    mightymoose Moderator

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    I believe your question is how you can force your sister to purchase your half of the property.
    You can't.
    What you should be asking is whether you can sell your 50% interest in the property to someone other than your sister.
    Your first stop should be the contracts from your purchase to see what limitations you might have in selling without your sister's consent.
    Your best option is likely to convince your sister that you both should sell and unload the property completely.
     
  4. kevin hatch

    kevin hatch Law Topic Starter New Member

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    My sister cannot afford to buy me out, so I am going to force partition and go to court and have a judge force the sale of the property by auction. We cannot agree on this so this is my solution. We have been waiting for 3 years for her to agree to sell now but she wants to live in the cabin and not allow me to us it, when I own 50%. I am living on social security benefits only and I need the funds for my retirement now.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Again, do you have a question or are you just sharing your story for no apparent reason?
     
  6. army judge

    army judge Super Moderator

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    I waited because it seemed you already knew what course you must choose.

    You should now approach your sister (or have someone she can communicate with approach her) to discuss an option that would better benefit both of you financially.

    If you have the court order the property partitioned, 20 to 40% of the profit you obtain on the sale will be siphoned off by the court's agent overseeing the sale.

    If you and sister can agree to sell it without involving the court BOTH of you end up with more money, not less.
     
  7. Disabled Vet

    Disabled Vet Well-Known Member

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    If you retire.... move there full time to cut your cost. buy her out. But maybe with you being there all the time she will get the message of selling. I don't think a judge will force her to sell her half. Unless it is in the contract of purchase that if one party wants out. You can stay there while she is there. This will force the issue..
     

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