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Unfortunately under the law, when there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court would order the house sold. BUT, partition suits can be time-consuming and expensive so in many cases co-owners are simply not willing to go to the time and expense of pursuing a lawsuit. But, should they do so, they could force the sale of the house.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you they could not force a sale, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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