If I own a piece of property with my 2 siblings and my brother and I want to sell but my sister does not, what can we do?

She wants to build a house on the property; my brother and I want to sell. Is there a way to preemptively put a cease and desist order on the property? If so, do I need to hire an attorney?

Asked on August 1, 2015 under Real Estate Law, New Jersey

Answers:

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

Answered 5 years ago | Contributor

In a situation such as this, the law provides a remedy called ""partition". When a partition action is filed, the property in question will be divided if it's practical to do so. If not, then the court will order a sale at fair market value with the proceeds equitably split. However, any owner who wishes to keep the property is given the first right of refusal (meaning it will be offered to them first before being put on the market).

At this point, you should  consult directly with a real estate attorney on this; they can best advicse you further.


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