can a land co-owner force a sale, distribution, or other action

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can a land co-owner force a sale, distribution, or other action

two of us own a parcel of ground equally, 50 each. Can one owner force the
sale, redistribution, use, lack of use, etc. without the agreement or consent of
the other owner?

Asked on August 9, 2017 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, your co-owner can force a sale of the land through a kind of lawsuit commonly known as an "action for partition." When the owners of real estate cannot agree as to what to do with it, the law allows one to bring a legal action seeking a court order for the sale of the property. The proceeds of sale will be distributed among the owners, in their ownership percentages, after paying the costs of sale and paying off any mortgages, HELOCs, or liens.


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