I own 33 of a vacation home in the Hill Country with my two sisters. I want to sell this to them. What are my options if they refuse?

Property is about 3 acres with a 3 bedroom home on it. Value is about 350,000.

Asked on July 2, 2018 under Real Estate Law, Texas

Answers:

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

Answered 2 years ago | Contributor

If owners of jointly held property cannot agree as to whether or not to sell it, anyone owner who wants to sell has a legal remedy called "partition". In such an action, the court will order that the property sold if practical. If it is not (such as in the case of a single family house), then it will order a "sale in lieu of partition" instead. Pursuant to this, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before the property is offered to 3rd parties, any owner who wants to buy out the other owner(s) will be given the chance to do so.

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

Answered 2 years ago | Contributor

If owners of jointly held property cannot agree as to whether or not to sell it, anyone owner who wants to sell has a legal remedy called "partition". In such an action, the court will order that the property sold if practical. If it is not (such as in the case of a single family house), then it will order a "sale in lieu of partition" instead. Pursuant to this, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before the property is offered to 3rd parties, any owner who wants to buy out the other owner(s) will be given the chance to do so. 


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