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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  15 years real estate, Realtor. Landlord 26 years
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My parents purchased a house husband and I. We are now

Customer Question

My parents purchased a house for my husband and I. We are now divorced. He and I are on the deed each for 25% and my parents own 50%. My ex husband is not willing to sell at this point. I am currently living in the home and have been for 2 years. Our divorce decree states we will sell the house and share the equity equally. My parents have invested recent money into the house to make it marketable. He doesn't want the cost of those repairs to affect his profit. My question is, what do we do when we have 75% of the owners ready to sell and 25% not on board? How can we force the sale? The mortgage and taxes are all in my parents name. I have been paying them rent. Any help would be much appreciated!
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..When one owner doesn't want to sell and the others do, then the selling owner's recourse is to file a "partition action" against the other owner in the local court. This is where a judge will order the house sold so that the owners can "cash out" their interests. It will normally require an appraisal of the property and then either listing it with a realtor or going to a public auction where anyone can bid..This is an absolute right, so it can not be denied and any local real estate attorney could get the action filed for you and parents to get it before a judge so he can order the sale... thanksBarrister

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