Real Estate Law
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Thanks for following up. Yes, you can start the process. But, at closing, you will need his signature on the deed. If not, you will need to move to the suit for partition. I would suggest you reference this in any contract you sign as a contingency so that you don't run into a problem at closing with a buyer then suing you for damages because you can't close timely. You might want to pursue this on parallel paths...pursue the sale and file the suit at the same time.