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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I own a property with my two brothers in was

Customer Question

I own a property with my two brothers in was willed to the three of us when our mother passed away. My two brothers want to sell their share and I do not. Do I have to sell?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question and thank you kindly for requesting me to assist you this evening. The short answer is, you DO NOT have to sell. No party can force or compel the other party to sell their property especially against their will. However... The brothers CAN force a sale, via a 'judicial' or a 'partition' action. Through this action they ask the judge to either split the property into equivalent strips of land, OR force a judicial auction where then the proceeds are split between the parties in proportion to ownership. Under that situation either party can bid on the whole property at auction themselves, so if you do not want to sell, you can potentially buy the whole property and possibly for far less since auctions tend to sell way under the market value. Sincerely, ***** *****