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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29102
Experience:  30 years of real estate practice experience.
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Quick overview of issue: 6 siblings own acreage/property as

Customer Question

Quick overview of issue: 6 siblings own acreage/property as JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP. 4 siblings want to sell, 2 do not. Can a judge force the sale of property?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Loren replied 12 months ago.

Good afternoon. I am Loren, a licensed attorney and I look forward to assisting you.

Expert:  Loren replied 12 months ago.

Where a property has co-owners, any of the owners may petition the court for what is known as a "partition".

Expert:  Loren replied 12 months ago.

The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Expert:  Loren replied 12 months ago.

It is also possible that the other owners may agree to refinance and buy out the owners who wish to sell.

Expert:  Loren replied 12 months ago.

Are you online with me?

Expert:  Loren replied 12 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 12 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.