Can co-owners of real estate force a sale of the property?
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Can co-owners of real estate force a sale of the property?
My mother recently died and left a house and property to me and my 2 sisters. The Trust left me as Trustee and states that me and my sisters are tenants in common. My sisters want to sell the property and I do not. Can they force me to sell my share. Also I cannot afford to buy them out.
Asked on September 4, 2017 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, your sisters can force a sale through something known as "partition". This is a legal remedy that is employed when co-owners of property cannot agree as to ownership matters. If oractical, the property will be divided if practical. If not then their will be a "sale in lieu of partition". Pursuant to this, the property will be ordered sold followed by an equitable distribution of the proceeds. First, however, any owner who wishes to keep the property can buy the other owner(s) out for fair market value.
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