My sister and I jointly own a home in Pennsylvania. I want to sell it but she is not willing to do so. Can I sell my half interest to a third party?

My sister and I jointly own a home in
Pennsylvania. I want to sell it but she is
not willing to do so. Can I sell my half
interest to a third party?

Asked on January 6, 2018 under Real Estate Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

You can try to sell your half but frankly you may have trouble. Not many people want to own a portion of a home. The fact is that in a situation such as this the law provides a remedy. It is known as "partition". The fact is that when co-owners of property cannot agree as to ownership matters, the court can either order that the property can be divided or if not practical to do so (as in the case of a house), then the court will order that it be sold. At that point the proceeds of the sale will be equitably divided. However, first, any owner who wants to keep the property will have the right to buy out the other owner(s) for fair market value. At this point, you should consider consulting directly with a local real estate attorney who can advise you further under specific state law.

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

Answered 3 years ago | Contributor

You can try to sell your half but frankly you may have trouble. Not many people want to own a portion of a home. The fact is that in a situation such as this the law provides a remedy. It is known as "partition". The fact is that when co-owners of property cannot agree as to ownership matters, the court can either order that the property can be divided or if not practical to do so (as in the case of a house), then the court will order that it be sold. At that point the proceeds of the sale will be equitably divided. However, first, any owner who wants to keep the property will have the right to buy out the other owner(s) for fair market value. At this point, you should consider consulting directly with a local real estate attorney who can advise you further under specific state law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.