Partition Court or settle? Real Estate

Ontario, Canada:

My sister (and her husband & children) lived together with and held title (tenants in common - 50%) with our aged father for the past several years.

This was once our family home. Our father gave our sister the 50% interest in the property in exchange for staying to live with him. They shared costs (the home was free and clear).

Father died 6 months ago and left his 50% interest in the property to me and my brother. It has now been probated and we are now owners.

My sister (with whom I do not get along with) and her husband, want to keep the home, since they live there, and pay as little as possible to aquire our 50% of it.

My brother and I, as the new 50% owners, want the most we can get and think selling via real estate is the best way.

We have had an appraisal - that ranges from $325K - to $370K
They have had an appraisal - that ranges from $300K - to $310K

We have heard it is expensive to got to court in a Partition case (and it seems what they will force us to do this if we cannot agree on a price - since they wish only to be a buyer).

Considering the cost and length of time involved in a Partition case, we are considering settling - but we want to get the most we can, so we need to consider the 'what if's'. Like, what if we did go to Partition, would the judge order us to sell to our sister for the average of both appraisals? or can we safely insist on more then the appraisals now? Can we charge them rent until it is settled?

- If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.)

Ttry to get a flat fee if you proceed--it does not havw to be that expensive normally.

Thanks for the infomation - flat fee is good idea - maybe even contingency fee too.

I was just wondering if anyone who's been through such a case knows if the judge will just expect them to pay the average of the existing appraisals.

If that is to be the end - then settling for that might save time, money and relationships.

Is there anywhere I can read cases, or is anyone interested in sharing how a similar case worked out.

Thanks

you should be ashamed of yourself- trying to steal your family's home just to make a profit.