How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask NOT LEGAL ADVICE! Your Own Question
Category: Legal
Satisfied Customers: 2201
Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
Type Your Legal Question Here...
NOT LEGAL ADVICE! is online now
A new question is answered every 9 seconds

How to force the sale of a jointly owned property

This answer was rated:

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

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 9 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'

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.

Let me know if you would like more information.

Please remember to click "ACCEPT."
POSITIVE FEEDBACK is appreciated and reciprocated.

Thank you.

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.

Category: Legal
Satisfied Customers: 2201
Experience: Information provided is for entertainment puposes only and is NOT legal advice.
NOT LEGAL ADVICE! and 6 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.