What can joint owner of real estate do about a sale that is being forced by another co-owner?

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What can joint owner of real estate do about a sale that is being forced by another co-owner?

After my father passed last year, my brother and I were informed by the executor of my parents’ Will (my aunt) that we would be inheriting their house; as of 6 months ago our names were both put on the deed. I lived in the house while taking care of my father before he passed and currently I still legally reside legally reside there. However, recently my brother kicked in the back door after thinking I was out of town and took many items out of the home. I happened to catch him in the act several hours after he and his daughter had been there. I did not contact the police. A few days later I was informed he had hired an attorney and was going to have me served with a “forced sale”, evict me from the residence and require me pay his attorney fees .

Asked on June 3, 2015 under Real Estate Law, Texas

Answers:

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

Answered 5 years ago | Contributor

A forced sale of this type is known as a "partition" action. This is a court ordered remedy instituted when the owners of jointly owned property (real or personal) cannot agree as to ownership matters. Pursuant to such an action, the property will be sold at fair market value. However, any owner who does not wish to sell will be offered the right to purchase the property before any outside party can buy it.

At this point, you should consult with an attorney of your own. Can they best advise as to how you should proceed in this situation.


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