With 4 names on a deed with 2 being dead can the 1 person who has paid property taxes an up keep sell property with out the 1 other signing

My grandmother had her property deed put 4 people’s name she passed away 14
years ago and 2 of the people have passed leaving my aunt and cousin left on deed
my aunt has paid property taxes and up keep on property for over 14 years and my
cousin was in agreement to sell now that all the paper work is ready he is avoiding
all calls and texts is there ant way she can sell it with out him

Asked on March 13, 2017 under Real Estate Law, Tennessee

Answers:

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

Answered 3 years ago | Contributor

Now that your aunt and your cousin are the only 2 titled owners of the property, they must both consent to a sale. That is unless your aunt files for something known as a "partition". This is a legal remedy employed when owners of jointly held property cannot agree as to ownership matters. Basically, she will need to go to court and ask a judge order the division of the property, if it capable of being divided. If not, then it will be put up for sale and once sold there will be an equitable distribution of the proceeds. First, however, your cousin will be given the chance to buy out your aunt's share for fair market value.

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

Answered 3 years ago | Contributor

Now that your aunt and your cousin are the only 2 titled owners of the property, they must both consent to a sale. That is unless your aunt files for something known as a "partition". This is a legal remedy employed when owners of jointly held property cannot agree as to ownership matters. Basically, she will need to go to court and ask a judge order the division of the property, if it capable of being divided. If not, then it will be put up for sale and once sold there will be an equitable distribution of the proceeds. First, however, your cousin will be given the chance to buy out your aunt's share for fair market value.


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