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Two out of three people on a tenant in common deed in GA…

Customer Question
Two out of three...

Two out of three people on a tenant in common deed in GA want to sell but the third refuses to sign contract. Can we force him to sign. Also one of the parties wishing to sell has a security deed for the majority of the value of the property.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Georgia

Lawyer's Assistant: Has any paperwork been filed?

Please explain what you mean

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
11/17/2017
Real Estate Lawyer: Roy Hadavi,
 replied 5 months ago
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,213
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: You cannot force him to sign the sale contract. However, you can file a civil suit known as a Partition Action. A partition action requests that the court force a sale of the property.

Georgia law recognizes two types of partition actions, equitable partition and statutory partition. This section discusses each type, as well as the comparative advantages of each.

In an equitable partition action, the court decides how to partition property physically. If the court decides that a physical partition is impracticable, the court may order the property sold and the proceeds divided. A statutory partition is much more complex.

I highly recommend that you meet with an attorney in-person to discuss your best options and assist with this action. I know it seems self-serving for an attorney to tell you to use an attorney. But, if I believe that you can handle a legal matter on your own, I will tell you so. This is simply not one of those cases. Just like you can sometimes use the internet to diagnose a medical issue yourself and don't need a doctor, but you would never try to do surgery on yourself. A partition action is like surgery.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 5 months ago
One of the tenants has a security deed for more than have of the property value. Does he have any rights to force a sale.
Real Estate Lawyer: Roy Hadavi,
 replied 5 months ago

Depending on how that tenant-in-common holds the security interest (i.e. what the security documents state), he/she may be able for foreclose on the property.

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