u/CatPawSoup

Real Estate joint tenancy in common

When my father passed away, he willed his property (40 acres and a farmhouse) to myself and my two sisters. The property is in an incredibly desirable vacation area, and two of us visit routinely with our families. We filed the deed as joint tenancy in common if I remember correctly. Basically the way it is filed if one of us passes away, our share of the property goes to our heirs, not to one another. The property is not divided because there was a fight over who got what piece, so we just shared the whole thing.

The problem we are now facing is sister B has been out of work for some time and can barely afford the taxes and upkeep. She wants to sell ten acres to me (sister C), but wants to hang on to her other 3ish acres and her interest in the house. I am willing to pay fair market value for the ten acres.

The problem comes with dividing the property for sale. Sister B is insistent that our dad didn't want the land divided (she's wrong but whatever). She wants to know if there's a way to sell me ten acres without doing a survey and having the land broken up and deeded out separately. The additional interest in not breaking it up means we continue to share the house, which will prevent a lot of fights with sister A.

Is there a way to do this? Or should I just tell her it's break it up, or nothing?

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u/CatPawSoup — 5 days ago