Hello! My name is XXXXX XXXXX I look forward to helping and providing you information today.
My understanding is a house is owned between 2 people, namely husband's spouse as to a 50% interest and husband's sister as to a 50% interest. Further I understand that the spouse and husband would like to sell the entire house but the husband's sister is not willing to cooperate with the sale.
First, if the house is titled to the two interest owners as "tenants in common" then the husband and wife can sell there 50% interest without the approval of the other owner. A problem with doing this is it is not easy to sell a 50% ownership in a piece of property. So while legally this can be done, it is not always practical.
If the house is titled between the two as joint tenants with right of survivorship
then approval of all owners must be obtained to sell the property without court intervention. Regardless of how the property is titled if a mutual agreement to sell can not be reached a party may bring a partition action at petition the court to force the sale.
These suits are not uncommon but as you can imagine are very contentious and the assistance of a skilled attorney in the county in which the property is located should be consulted and retained to pursue such a claim.
Here is a link to the partition statute related to seeking a forced sale. The ORS section is 105.200 et al: www.oregonlaws.org/ors/105.205
The Experts on this forum are not permitted to refer customers to themselves or a specific law firm. However, I can provide you with the Oregon State Bar Lawyer Referral Service that can provide contact information for a lawyer that practices in construction law: http://www.osbar.org/public/ris/
In addition, there is www.lawyers.com and www.avvo.com. Both sites rate and rank lawyers based on client and peer review.
Keep in mind the following when choosing a lawyer:
1. Ask trusted contacts and others in your network circle for names of lawyers;
2 Inquire with the Oregon State Bar to determine if the lawyer is in good standing and if the lawyer has had any disciplinary action;
3. Interview a few attorneys to determine which one you are most comfortable with;
4. Ask what and how much experience they have in litigating partition suits.
All my best & encouragement.
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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.