If real property was left to three siblings through probate is it possible to sell the house without all parties consent

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My mom died and left her house to me and my two sisters. All three of our names are on the title. The problem is the two of us don't get along with the third cause she is meaner then heck. She is living there and we don't communicate with her as of Feb. '07. So can she pay us rent or can we sell the house?

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Frank Selden ·
Can she pay you rent? Sure, but if she is meaner than heck she won't. Can you force her? Depends on what parperwork you have in place, how she moved into the house in the first place. Can you sell the house? You can try, but it will need her signature. If the title is joint tenants in common you might be able to sell your part of without her approval. You also might be able, together as majority ownership, to evict her. Since the house is also hers this might be tricky but look into it. You can also file a suit against her for fair market value of the rent. I think you would have a much better chance of winning that rather than an eviction. You can also tell the Judge Judy show about your issue and maybe get on tv!
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Christopher Cauble ·
Well--I am not licensed in Illinois so you will need an Illinois lawyer to advise you but this is how it would work in most states. If you are awarded property from a will, through probate, you are generally awarded each tenant in common interests. That means that you each own a legally severable interest in the property. If you cannot get along in how to manage the property, either one or all of you can file a suit in court to sever the co-tenancy and order the property sold (kindof like a divorce)--or, at the very lease, have the other owners buy out their interests. Additionally, all rents and improvements can be accounted for in this proceeding. Oregon has this kind of proceeding. If you own the property in survivoership, you cant do this. All you can do is go to court to account for the rent but ALL OF YOU have to agree to a sale and join in the deed. Or, one or both of you have to convey deeds to the other conveying away the joint tenancy with right of survivorship interests. I would bet, however, that given that you inherited it via a probate, the property is in co-tenency and can be severed as discussed above.
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Stanton Phillips ·
The facts provided do not supply enough information to provide a complete answer. Title held by two or more persons may be held in a number of different ways. Generally, it requires all title holders to agree to sell. When the owners can't agree, there is an action that may be brought in the appropriate court called a partition action. partition may be "in kind", where the property itself is capable of division, or it may be accomplished by forced sale where it is not divisible in kind.The right to collect rent is also dependent on how tile is held.Joint tenants have no right of contribution from other like tenants for rent. Tenants in common may have such rights. You would be well advised to consult a local attorney, present all the facts associated with title and then pose your questions.
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