How to buy and property when one of the siblings wont sell.

[Lee Sillemon III]

Hello.. This potential deal is taking place in Dallas tx.  There are 7 siblings and the one that's incarcerated doesn't want to sell. Can I purchase the other sibling's property shares? There is no will, no probate. What do you guys think?  Thanks

[Davido Davido]

@Lee Sillemon III,   These are problem properties which can be very profitable -for a problem solver.  Such a deal would need to go through probate only if you needed a clear title within a year or two.  Those who broaden their time frame also broaden the methods available to acquire ownership.  

You can obtain any partial legal interest and put the property through probate yourself as a partial owner.

If the property is vacant and rentable, after obtaining partial ownership from any sibling, you can simply rent out the entire property.  It is possible to become partial owner, in possession/control of the home and in control of the rents.   It is possible to partner with the remaining sibling(s).  You can continue to rent the property with out ever resolving title.

As a partial owner who is in possession, you can also use the property as your own -to the exclusion of any remaining partial owners (siblings).  If they don't take legal action to protect their interest, then after just 3 years (in Texas), section 16.024 of the Texas Statute of Adverse Possession grants you a defense to any future claims by the remaining siblings and the right to clear title in your name.  https://statutes.capitol.texas...

You could also gain partial legal interest in the property, bill the incarcerated and or other siblings for their share of the property expenses, obtain a judgement against any sibling who doesn't pay their share of the expenses, and use that judgement to foreclose their interest.  

There are many ways to deal with problem properties and many ways to profit -if you are a problem solver.  Best wishes.