advice / help

I own 1/3 share of a single family home in So. Cal. (near D-Land) which is currently a rental. I wish to sell but family won’t. I wish family would buy me out, they won’t. Where can I find a buyer for my share.

Hi,

Let me ask you how you ended up with a 1/3 interest in a single family home in southern California? Does the group of you own this in a LLC? Is their an operating agreement between the partners? How is title vested? (Tenants in common? Joint Tenancy? Etc.) Who are the other investors? (Relationship - Not Names!) What percentage of down payment or value did each investor invest?

Please advice?

          GR

Hi GR,
This was the family home, gift deeded to my brothers and myself. Title is held as “tenants in common”.

There are two basic ways you can approach this.

One approach is via a partition sale. See:

http://www.uniformlaws.org/ActSummary.aspx?title=Partition%20of%20Heirs%20Property%20Act

Before you do this, and it would appear very unfriendly if you are dealing with siblings, did you ask them why? The tax issue would be minimal due to the stepped up basis. Is it mortgage free??

I had a tenant who just happened to have two siblings inherited a mortgage free house when both parents died, and in a similar situation as you. Since they owned it as tenants in common, I suggested that he use his equity in it to take out a mortgage, and buy his two siblings out, then either rent it out or move into it.

He did that, use his 1/3 equity to obtain a mortgage, and moved in himself. He was renting from me at the time and the mortgage turned out to be less than the rent.