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NOT LEGAL ADVICE!
NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
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How to force the sale of a jointly owned property

Resolved Question:

I and six siblings own a property. 4 of want to sell the property. 3 do not want to sell. There is not revenue generated from the property and it is falling into disrepair. The property is located in butler County Ohio USA
Submitted: 7 years ago.
Category: Legal
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

Hello and welcome to Just Answer.

How is ownership held on the title? Are each of the siblings listed as "tenants in common?"

 

Customer: replied 7 years ago.
Reply to Jen Sterling's Post: We inherited the property from our Dad. I don't know how we are listed. I'm assuming it is tenants in common. WHen I look up public records it says my brothers name then 'et al'
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

Thank you for the additional information.

Any one tenant in common can force a sale of the property even when the other co-owners do not want to sell. Such a legal action is called a partition lawsuit in which the court orders the property sold and the proceeds divided among the tenants in common (TIC).

As a tenant in common holding a common interest in real property, the law affords you certain rights, obligations and remedies. Unless the parties otherwise agree to waive the right, each tenant has the right to partition the party. Partition is similar to seeking a dissolution of a business partnership or marriage.

It is noteworthy, however, to review with counsel whether the TIC entered into any agreements in connection with how the property would be held and managed. If there are agreements, it will be necessary to determine the scope and enforceability of the agreement.

Upon the filing of a petition by an owner, the Court determines whether the right to partition exists, and if so whether the partition decree should order the property divided among the co-owners, usually impractical or unlawful, or, in the alternative, should the decree order that the property be sold and the proceeds divided among the co-owners. As part of the partition, you may also want to address whether there are any financial obligations of one owner owing to the other.

In most instances, with the assistance of counsel, the tenants in common usually come to an understanding to market and sell the property. Because of the cost and delay involved in filing a partition lawsuit, cooperation between the tenants is the first choice. Generally, a voluntary sale yields a higher selling price than a court ordered sale.

So, you can first make it clear if they refuse to sell the property, you will be forced to file a partition lawsuit. Often, the use of a mediator or arbitrator is helpful to avoid litigation.

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Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
Satisfied Customers: 2201
Experience: Information provided is for entertainment puposes only and is NOT legal advice.
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