Tuesday, 14 January 2014

Hello, I love in the state of Michigan and I have a question about ownership or real estate. My father passed and there are 3 surviving chil...

Question

Hello,

I love in the state of Michigan and I have a question about ownership or real estate. My father passed and there are 3 surviving children including myself. He had no will on the house and there is a mortgage on it. My brother and I were living in the home and I recently moved out. He (The Oldest Survivor) still lives there. My other sibling and I want to sell the home but my brother doesn't He wants my sister and I to sign a disclaimer for our interest in the home. If we don't sign the form what happens?



Answer

If it's in probate, that's a different story. If you are all on title, someone would need to file a partition action in circuit court ordering the sale unless there is a buyout of the other owners.



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