QUESTION

My two brothers and myself now own our parents home. Two of us want to sell it and one does not. Can the two that want to sell make the third sell?

Asked on Aug 05th, 2011 on Real Estate - Alabama
More details to this question:
The home is in Alabama. Our mother and father passed away in 2009. The home is paid off. After probate, the home is in an estate owed by the three brothers. We all want to sell the house. We had an offer that two of the three brothers wanted to accept, but one brother did not want to accept. Is there anything legal that the two brothers, that want to sell, can do to make the other brother have to sell?
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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Yes.  If there is no voluntary agreement to sell, any of the three owners can file an action in court and ask the court to partition the land among the owners if there is a feasible way to do that.  If there is not enough land to make a partitioning feasible, the court can then order the property sold at public auction and the net sale proceeds divided among the owners.   
Answered on Nov 17th, 2011 at 4:37 PM

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