Division of property in Peru

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Saribel
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Division of property in Peru

Postby Saribel » Mon Feb 03, 2020 6:07 pm

My husband's mother passed away some years ago and left behind a house in Peru. We live in the US. My husband owns the majority of the house while about 15% remains in his brothers name. The brother refuses to sell his portion and many family arguments have come of it. He claims he holds the remaining share for his two sisters. Over the years we have maintained the house doing all repairs and paying all taxes, water, etc. Is there a way to force them to sell their portion? I've read in many countries you can file a suit of partition where a judge will determine how the property should be handled. We have had appraisals and offered fair market value to no avail. No one is speaking. As they get older and pass and it goes to children I just see the issue getting worse. Any information would be appreciated.


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Alan
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Re: Division of property in Peru

Postby Alan » Tue Feb 04, 2020 4:03 pm

What a mess, and unfortunately, this kind of scenario is far to common. The biggest risk is that whoever is in the house now refuses to leave, which is another nightmare altogether.

As far as I know, if the issue cannot be settled amicably, your option is to go to the judiciary. There, the first they they do is to insist upon a process of reconciliation. If that does not work, the judge will have the property valuated and it will go to auction where the owners have the first option to bid.

This can take years, and you will need to find someone here to act as your legal representative to push the cart along.

Thinking about the costs involved, it may make more sense to offer higher than the 15% value and hope that this will bring closure.

Good luck, and lawyer up.
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"Hay que distanciarnos hoy para luego abrazarnos más fuerte".
-Guiseppe Conte, primer ministro italiano.
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windsportinperu
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Re: Division of property in Peru

Postby windsportinperu » Tue Feb 04, 2020 4:38 pm

Hello Alan,

AFAIK, a Judge cannot force to one of the owner to selll their property.

It seem to be that the Percentage of the property has been unfairly distributed 85% vs 15%
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Alan
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Re: Division of property in Peru

Postby Alan » Tue Feb 04, 2020 9:29 pm

windsportinperu wrote:Hello Alan,

AFAIK, a Judge cannot force to one of the owner to selll their property.

It seem to be that the Percentage of the property has been unfairly distributed 85% vs 15%


Hi Windsport. I checked with the lawyer who writes articles for this webpage, and he is in the midst of a similar scenario, so he speaks from recent experience. It is a long process, but the judge can force the property to go to auction.
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"Hay que distanciarnos hoy para luego abrazarnos más fuerte".
-Guiseppe Conte, primer ministro italiano.

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