Answer

Then he will have to file a "Partition Action"

 

A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition its/their land by entering a Deed poll (sometimes referred to as "carving out").

 

There are three kinds of partition which can be awarded by court: partition in kind, partition by allotment, and partition by sale.

 

A partition in kind is a division of the property itself among the co-owners (this is usually not available).

 

In a partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded.

 

Partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the tenants. Generally, the court is supposed to order a partition sale only if the land cannot be physically divided, although this determination often rests on whether the economic value of the divided pieces is less in the aggregate than the value of the parcel as a single piece.

 

This is what would occur in your situation - partition by sale. The property is not divisible and he wants out. So, the only option for the court would be to order a partition by sale.

 

However, he can will his interest to his grandchildren - unless the deed states "joint tenants with the right of survivorship". If the deed states that - then, if she doesn't agree with changing the deed, he will have to file a partition action regardless to mandate a change in the title of ownership.