If I want to sell 1/3 interest of real estate properties but partners do not, can I force a sale or force them to pay me my 1/3?

The property consists of acreage and a home.

Asked on December 26, 2017 under Real Estate Law, Texas

Answers:

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

Answered 3 years ago | Contributor

Absent a partnersip to the contrary, when owners of property cannot agree as to ownership matters the law provides a remedy. It is called "partition". In such an action, the court will either stipulate that the property be equally divided, if possible. If not, then it will be ordered to be sold, otherwise known as a "sale in lieu of partition". Under such a sale, the proceeds will be equitably distributed, however first any owner who wants to retain the property will be given the right to buy out the other owner(s) for fair market value.


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