Getting out of a deed

I am the co owner of the house. The other party refuses to sell and I want the house sold. What can I do about my situation. The other party is also behind on the payments.

Asked on June 25, 2009 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Virtually all jurisdictions provide for an equitable remedy known as partition.  The term “partition” 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.  However, here division would be impracticable since we are dealing with a single family dwelling.  In this 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.

Whatever you decide to do, you should do it quickly, if he is behind on payments you may be facing a foreclosure situation.

You may want to consult with an attorney in your area on this matter; perhaps there is something unique to Pennsylvania law of which I am unaware.


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