QUESTION
In a 50/50 ownership of property, is one of the owners able to force the sale of the property?
Asked on Sep 03rd, 2017 on Landlord and Tenant Law - California
More details to this question:
I am not able to afford to keep the property any longer and as I'm now retired, I need to sell. My brother, with whom I own the property refuses to buy me out or sell the property. What recourse do I have?
3 ANSWERS
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Yes, you have an absolute right to force the sale if your brother refuses to either buy your out or sell. It's called an action for Partition. You need to consult with an experienced attorney about this. Often, a well worded letter to your brother from an attorney will awaken him to the possible adverse consequences of his continued stubbornness in this circumstance.
Answered on Sep 13th, 2017 at 5:14 PM
An expensive action called Partition.
Answered on Sep 04th, 2017 at 3:46 PM
You have to go through the costly process [years ago i saw a reasonable attorney say he charged $15,000 for one, I guess it must have been hotly contested] of a petition for partition by the court [if approved, court orders sale of property and owners divide profit. I do not know if you would get back your cost of getting the partition, perhaps you might]. Speak to an attorney who handles real property matters.
Answered on Sep 03rd, 2017 at 8:12 PM