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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102495
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The family has property they would like to sale but, there

Customer Question

The family has property they would like to sale but, there is one person refuse to sale which he his share is 1/16 the property is an acre the property is being manicure by my family each month what can we do that is legal to sale or we can not
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. In such situations, the owners can file for what is known as a partition. This asks the Court to force the issue, deciding what to do if some owners want to sell, but others do not. Then the Court will order a sale and payment based on interest in the property to each owner, or for one owner to be bought out, etc - it depends on the situation.

In this kind of situation where there is only one stand out, the Court normally orders the property sold if the majority want it sold, and the standout would still receive their share, of course.

However, until/unless the standout agrees, or the Court allows it to be sold via a partition suit, the sale cannot proceed.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!