How can I force a sale of property that I am a co-owner of?
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How can I force a sale of property that I am a co-owner of?
My sister and I inherited property from our father. It was agreed that after probate, we would sell the property so that I could recoup funeral expenses. Now she doesn’t want to sell and has allowed her daughter to move into the trailer that is on the property. What are my legal responsibilities and options?
Asked on July 5, 2016 under Real Estate Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
As long as the property is now in your names (and no longer in your father's name), then as a co-owner you can take action in this situation. When joint owners of property cannot agree on ownership matters, the law allows for a remedy known as "partition". It entails going before a judge who will order a division of the property, if practical. If not, such as in the case of a single family dwelling, then they will order that the property be sold and the proceeds distributed equitably. First however, the court will allow any owner who wishes to retain the property the right of "first refusal"; this means that they can offer to buy out the party for fair market value before it is offered to the public. That having been said, a partition action is expensive and time consuming. Consequently, you may want to inform the other owner of all of this. Possibly after having done so, they will be more amenable to try and work things out.
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