Can 1 brother force the other brother to sell his share of inherited property?

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Can 1 brother force the other brother to sell his share of inherited property?

2 brothers split ownership (50/50) of their deceased parents home in NV. Brother A agreed to rent to a tenant that Brother B opposes without Brother B’s consent. When Brother B communicated his position, Brother A said, I’ll just buy you out then. Does Brother A have the right to take either action without Brother B’s consent?

Asked on March 3, 2011 under Real Estate Law, Nevada

Answers:

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

Answered 10 years ago | Contributor

Brother A has the right to pursue the legal remedy of "partition". This is an action available to co-owners of property who cannot agree as to ownership matters, such as to whether or not to sell the property.  A partition allows for the division of property among co-owners.  Accordingly, if a property can be physically divided the judge will so instruct.  However, where division would be impracticable (as in the instance of a single family house) a judge would order a sale in lieu of partition and an equitable division of the proceeds among the co-owners.  Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.


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