How can I force my sister to sell a condo we jointly own?

I have been paying all the bills on my late mother’s condo in the state of Florida but
my sister who lives nearby is dragging her feet to list the property for sale. How can
I force my sister to list the condo and how can I recoup the money I have been
paying.

Asked on March 9, 2017 under Real Estate Law, New York

Answers:

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

Answered 3 years ago | Contributor

When jointly held property is the subject of an ownership dispute, then the legal remedy of "partition" may be employed. Basically, in such an action the court will ordenr that tat the poprerty be euqally divied. If it can be so divided, then the court will order its sale (first however any owner who wishes retain the property can buy out the other owners for fair market vale). The proceeds will then be equitably ditributed.

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

Answered 3 years ago | Contributor

When jointly held property is the subject of an ownership dispute, then the legal remedy of "partition" may be employed. Basically, in such an action the court will ordenr that tat the poprerty be euqally divied. If it can be so divided, then the court will order its sale (first however any owner who wishes retain the property can buy out the other owners for fair market vale). The proceeds will then be equitably ditributed.


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