QUESTION

If two people are on a home title, and one party, Party A wants to sell, and Party B does not, can Party A force Party B to move out?

Asked on Mar 24th, 2012 on Real Estate - Wisconsin
More details to this question:
Party A and Party B have tensions. Party A first tried to buy Party B out, but Party B refused wanting to stay in his/her residence. Party B gave THREE counter offers to buy Party A out, willing to pay MORE THAN Party A first offered. Party A declined. Party A has been living elsewhere, but still comes by a few times a week and has mail sent there to show residence. Party A has now served Party B papers because Party A wants to sell the house to someone else. To my knowledge, Party A has no particular buyer, they just want to sell (and with the tensions, keep Party B from getting possession of the property). Can Party A do this? Can Party B be forced out?
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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The answer is almost certainly "yes."  In most states there is a court proceeding that will allow a co-owner to force a sale of property where the joint owners cannot agree on a resolution between or among themselves.  This proceedings is ordinarily referred to as a "Sale for Division" proceeding.  A co-owner can file a petition with the court alleging that the co-owners together own property; that one wants to sell and that another does not.  The request to the court is that an order be entered to sell the property by public auction.  Either party could bid on the property at the sale.  The court will ordinarily keep a commission (usually 10%) for its time and services in arranging the sale.  I can't tell from your question whether the case at hand has reached that point.  Party A "serving papers" may signify that such a proceedings has already begun.  I recommend that you seek the advice and assistance of a good real estate lawyer in your area to help guide you to a reasonable resolution.  A public auction will often not bring the best results, but it would solve the problem -- which appears to be more personal than legal.
Answered on Mar 29th, 2012 at 11:27 AM

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