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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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if one partner wants to sell a house and the other doesnt,

Resolved Question:

if one partner wants to sell a house and the other doesn't, what can they do?
Submitted: 7 years ago via Nolo Press.
Category: Legal
Expert:  MShore replied 7 years ago.
what type of tenancy exists?
Customer: replied 7 years ago.
Joint tenancy, I believe.
Expert:  MShore replied 7 years ago.
You may unilaterally, and without the knowledge or consent of your co-tenant(s), transfer your share to a third person who is acting as a straw-man. This straw-man will then transfer your share back to you. However, because the four unities no longer exist, you now own a share as a tenant in common. T

he modern trend among states is to allow unilateral conversion of a joint tenancy to a tenancy in common without the use of a straw-man. Many states now allow a joint tenant to simply transfer their own interest to themselves, thus eliminating the need for a third person as a straw-man. It is important to note that some states, like California, require the severance to be recorded for it to be valid. An unrecorded severance may reserve a right of survivorship for the non-severing tenant.

You also could seek judicial partition. There are two kinds of partition:
- Partition in kind is physical division of the land. The court decides how to split up the land between co-tenants so each receives a portion equal to their share. If the court is unable to equitably split up the land, then partition by sale will be used.
-In partition by sale, the court forces the sale of the property and each co-tenant receives their share of the profits.
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