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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55461
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My wife and I are divorcing. We own some land with another

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My wife and I are divorcing. We own some land with another couple. They don't want to sell and neither do I. Can she force the sale? Can she have her part surveyed off and sold? How would that work?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Unfortunately, she could force the issue, but to do so she would have to file a suit for partition which can be expensive and take a good long time, which in many cases prevents someone from actually filing such a suit. But, it does give an owner leverage. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. But, unless she files such a suit, she can't sell or subdivide without the consent of everyone.
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