[WSBARP] UPHP - Partition to Buy Out Estranged Sibling

[Jeanne Le Duc]

Hello:

Three siblings have made repeated offers to purchase estranged sibling share of (deceased) mother's house owned as tenants in common (by  TOD deed) and gone as far as to offer estranged sibling purchase of their three shares (everyone owns equally). All offers at appraised value.

Three siblings want to retain possession of home as TIC.

Partition by appraisal would work but requires agreement of all parties. Partition by sale action gives non-plaintiffs right to purchase - but that puts the plaintiff in position their interest could be bought out, not accomplishing the objective of the three siblings efforts to remove the estranged sibling.

In view of the repeated offers, litigation seems to be the only tract to get to a resolution, but the partition by sale does not work well in this situation. The hope would be to come to a settlement - any thoughts about how else to accomplish the three siblings' objective?

Much appreciated.

Jeanne Le Duc
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