Bequeathed condo left to three children. How to sell if one party disagrees?

manpreet Best Answer 3 years ago

As the title states, a condo was bequeathed to each of an old man's three children. None of the children originally lived in the condo, nor do they currently live there. Two of the children want to sell the property, but one is being difficult (we'll call this person Jane) and wants to move into the condo instead.

Turns out, Jane is in the process of being evicted from her current home. And will soon be looking at moving in indefinitely into the bequeathed condo.

Questions:

• Can the condo be sold without approval from all parties?

• Is there any action that can be taken to prevent Jane from moving in and refusing to sell?

• Can the property be sold even while Jane is living in the condo and refusing to leave?

EDIT: I appreciate those who are taking the moral high ground, but as mentioned already in a comment below.. amicable splits have already been considered, which is why the questions were regarding legal courses of action and not family counseling.

EDIT #2: Thanks all for the suggestions and legal and moral advise. Just wanted to provide the conclusion of this mess. The two sisters paid off Jane $30k a piece to take her name off the deed. Jane is using that money to pay off some debts and find a new place to live. Future plans are to sell the unit.