How can I make my sister agree to sell a house that we both own?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I make my sister agree to sell a house that we both own?
She refuses to sell but I need to sell it in order to buy myself a house.
Asked on February 14, 2016 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A joint owner of property (real or personal) can force its sale. In cases in which co-owners cannot agree as to ownership matters, the party seeking a sale can go to court and file for a “partition”; this is a legal remedy employed in this type of situation. A partition can be accomplished either by the physical division of the property, if practical, or by sale. In the case of a single family dwelling, since physical division isn't possible, the court will order a "partition by sale".
Once the property sells, the proceeds are equitably distributed to the owners. However, before a sale is ordered the court permits the ownerwho does not want tosell, the right to purchase the interest of the other co-owner for fair market value.
That having been said, filing for partition is expensive and time-consuming. Try to explain this to your sister. Meanwhile you may want to consult directly with real estate attorney in your area; they can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.