QUESTION
Can someone that only owns 25% of a home put it up for auction without the other ownership consent?
Asked on Sep 29th, 2012 on Foreclosures - South Carolina
More details to this question:
I have a situation where there are 3 owners on a home, one has 25% the other two have 75%. The home is owned free and clear and the 25% person got a court order to put the home up for auction. Now the two people that have the 75% ownership live at the home. Is that even allowed without the other two people's authorization? This just does not seem right. Any advice would be very helpful.
3 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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There is not enough information to answer this question. If the 25% got a court order, weren't the other owners served with the lawsuit. They are necessary parties to a lawsuit, and should have had an opportunity to defend. Also, if the house is free and clear why would it be auctioned? Please contact me with more information.
Answered on Oct 01st, 2012 at 1:58 PM
Criminal Defense Attorney serving Grosse Pointe Farms, MI
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Gary M. Wilson
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If the court order is for a severance of the tenant-in-common's (the legal term for when a property is held my multiple people), then yes-it orders that the home can be sold and the proceeds split. Can the other three afford to buy the 4th out?
Answered on Oct 01st, 2012 at 12:59 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there are several very situation - specific questions that you would need to answer and discuss with an attorney before this question could be properly answered. You should consult with a local attorney as soon as possible.
Answered on Oct 01st, 2012 at 12:31 PM