If 3 siblings own property, can 2 of them force the third to sell?

Get Legal Help Today

 Secured with SHA-256 Encryption

If 3 siblings own property, can 2 of them force the third to sell?

A house and property was deeded to 3 siblings in equal shares; 2 have given the third frivolous conditions to

buy their shares with a higher price than the appraisal, all taxes, fees and closing costs to be paid by the 3rd sibling. Also, the sale must include a clause with a 1 year buy back by the 2 siblings who are selling their shares, at the same price they sold for. Sibling 3 states that he wants to buy the property but the conditions are ridiculous. Siblings 1 and 2 now want to bully Sibling 3 into sellling. They claim that the majority rules and

Sibling 3 must sell to whatever deal they wish to accept. Sibling 1 and 2 will not ask the same conditions of an outside buyer as they did of Sibling 3. Is it true that Sibling 1 and 2 can force Sibling 3 to sell or accept an offer that Sibling 3 doesn’t agree with or is more favorable to the outside party than what Sibling 3 was offered. Also, is it true that any sibling buying another siblings share must buy out all 100%. Sibling 3 offered to buy sibling 2’s share when it was mentioned that sibling 2 wished to sell. Unfortunately, Sibling 2 said Sibling 3 must buy both Sibling 1 and 2’s shares, that Sibling 3 could not own 2 of the 3 shares. What, if any part of this, is law and what can Sibling 3 do about this situation? All siblings are aware of a Petition to Partition, however none want this to go in this direction.

Asked on February 11, 2019 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) It's not "majority rules," but any propety owner who wants to sell when other co-owners do not want to can bring a kind of legal action traditionally called an action "for partition" (as you evidently already know) to get a court order requiring the sale. That is the law's remedy--it's only remedy--when property owners cannot agree as to what to do with. So a sale to third parties can be forced through the courts, but's the only way to compel a sale.
2) No, there is no law requiring that you purchase both of their shares: if one wants to sell to you and you want to buy from just one, you may do that.
 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption