What can be done if a co-owner does not want to sell a piece of property but the other owners do?
Question Details:
My wife and her 3 sisters were Willed a piece of property in Rye, NH worth about $200,000. 3 of the 4 want to sell this land, but the fourth does not. Is there a legal way to force her to sell property without her consent? What are the probable costs involved?
Real Estate Law Answers
If owners can't decide on whether or not to sell real proeprty, the law provides an equitable remedy known as "partition". That means the division of property among co-owners. Real property held by co-owners as a tenancy in common or a joint tenancy may be partitioned.
If a property can be physically divided the Court will so instruct. If division would be impracticable, then in that instance, the Court will either (1) order a sale of the property and an equitable division of the proceeds among the co-owners; or (2) order a partition which would permit one co-owner to purchase the interest of the remaining co-owner instead of a physical division of the property or a court-ordered sale.
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