What to do if a joint owner does not want to sell?
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What to do if a joint owner does not want to sell?
My mother-in-law died and left her house to the 3 siblings to sell. The problem is 1 of the 3 lives in the house and is dragging her feet about listing it. Can any of us list the house and, if so, how do we get the 1 living in the house to cooperate with the sell? The house is in FL; I live in TX.
Asked on October 1, 2011 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is an equitable remedy in the law to address a situation such as this. The siblings who want to sell have the right to pursue a "partition" lawsuit. This is an action available to co-owners of property when they cannot agree as to whether or not to sell the property and othjer ownership matters. A partition allows for the division of property among co-owners if the property can be physically divided. However, where division would be impracticable (as in the instance of a single family house) a court would order a "sale in lieu of partition" and a division of the proceeds among the co-owners. However, before doing so, the judge would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.
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