I own a property site with my sister who is living in it rent-free. She is not interested in purchasing my half. I’m not getting any use or value from the property as is. What are my options?

If your sister is unwilling to sell the property voluntarily or to pay you for your half, your best option is to sue for partition. Of course, before you rush to legal action, you may want to try working things out with your sister on your own and trying to come to some type of an agreement.

Understanding Partition of Property Sites

If you can’t work things out, then you’ll usually have no choice but to take legal action – this comes in the form of “partition.” Partition is essentially a court order that will require the sale or division of the home. There are several different types of partition available: for example, the court may physically divide the property in question in half when possible or the court may force a sale of the land if it is not possible to physically divide the land/property in parts. In some jurisdictions, a third option called partition by allotment may also be an option, wherein one party gets to physically reside in or keep the property but has to pay the other party.

When you file a partition action, the court may first give you the opportunity to try to determine whether a forced sale or some other division is better. If you can’t work things out, then they will decide what the best option is. If they do force the sale, then your sister could choose to buy the property if she can afford it.

While the rules vary by state, partition actions are usually going to be successful unless you have an agreement in place with your sister on the division of the land, or unless you have a specific agreement not to partition.

Getting Help – Partition of Property Sites

If you are considering a partition action for your jointly-owned property site, you should contact a lawyer for help. A partition action can be complicated, as can a forced sale of the land if that ends up being the appropriate remedy offered. A lawyer can assist you with every step of this process to make sure you are treated fairly under the law.

Case Studies: Options for Dealing with Property Ownership Issues

Case Study 1: Unequal Distribution of Property Benefits

John and Sarah co-own a property site, with Sarah residing in the property rent-free while John does not receive any use or value from it. John wants to explore his options. John can attempt to negotiate with Sarah and propose a solution that benefits both parties. They may consider Sarah paying rent or buying out John’s share. If negotiations fail, John can pursue legal action, such as suing for partition. This would involve seeking a court order to sell or divide the property, ensuring a fair distribution of the asset’s value.

Case Study 2: Disagreement on Property Usage

Alex and Michael jointly own a property site. Alex wants to sell the property and divide the proceeds, while Michael prefers to continue using it. They need to find a resolution. Alex and Michael can engage in mediation or arbitration to find a compromise before resorting to legal action. A neutral third party can facilitate discussions and help reach an agreement that satisfies both parties.

If mediation fails, Alex may choose to pursue legal action for partition. The court could order the property to be sold, ensuring a fair division of assets between Alex and Michael.

Case Study 3: Financial Disparity and Property Ownership

Emily and David co-own a property site, but Emily has contributed more financially to the property’s maintenance and improvements. David is not interested in purchasing Emily’s share, and a resolution is needed. Emily can negotiate with David to compensate her for her larger financial contributions.

They can agree on a fair buyout price or establish a payment plan that reflects Emily’s investment in the property. If David refuses to cooperate, Emily may consider legal action for partition. Through a court order, the property can be sold, and Emily can receive a proportionate share of the proceeds based on her financial contributions.