If my brother and I both own a property together and I want to sell but he does not, what are my options?
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If my brother and I both own a property together and I want to sell but he does not, what are my options?
Asked on January 16, 2016 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that a co-owner of property can force a sale. In cases in which joint owners cannot agree on ownership matters, the party seeking a sale can go to court and seek a “partition”. A partition is a legal remedy employed in this type of situation; it can be accomplished either by physical division of the property if possible or by sale (you did not specify the naure of the property). For example, in the case of a single family dwelling, since physical division is not practical the court would order a "partition by sale".
Once the property was sold, the proceeds would be equitably distributed to the owners. That having been said, before a sale would be ordered the court would permit the non-filing co-owner(s) to purchase the interest of the other co-owner(s) for fair market value.
However, filing for partition is expensive and time-consuming. Try to explain this to your brother. In the meantime, you may want to consult directly with a local real estate attorney. They can best advise you further.
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