As a co-owner of property with a sibling, how can I sell the property or get any use equity from my half share of ownership?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a co-owner of property with a sibling, how can I sell the property or get any use equity from my half share of ownership?

I am the owner of a house with a sibling each with equal ownership and survivorship rights. The house is occupied by a third person who is not paying rent. How can I get that person out if sibling won’t agree and can I sell my interest to another party?

Asked on October 5, 2017 under Real Estate Law, Virginia


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

Answered 5 years ago | Contributor

So long as at least 1 owner of a property allows a tenant/guest to remain, the other owner cannot evict them. That having been said you still have a legal remedy; it is called "parition". This is an action available when owners of jointly held property cannot agree as to ownershi matters. In such an action, the court will order that the property be divided, if feasible. If not, then it will order a "sale in lieu of partition". Pursuant to this, the property will be sold and the proceeds equitably split between the owners. That haing been said, first however, any owner who wishes to keep the property has the right to buy out the other owner(s) for fair market value.

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 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 lock Secured with SHA-256 Encryption