Can a co-ownerof property sell his 1/2 or lease his 1/2 interest to someone else withoutthe other co-owner’sconsent?

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Can a co-ownerof property sell his 1/2 or lease his 1/2 interest to someone else withoutthe other co-owner’sconsent?

My wife and I own 1/2 and her brother owns the other 1/2 of an yndisclosed piece of vacation property. The only survey lines are the perimiter of the property. He will sell us the land for 3 times what it’s worth and only on his terms. He will not cash out and is threating us with selling or leaseing to someone else What options do we have to protect our interest as a whole?

Asked on December 8, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Co-owners of real property can sell their interests in the property to a third party without the permission of the other co-owner unless there is some written agreement to the contrary between the groups of owners of the same property.

If you want to sell your property to a third person, you can do so unless there is an agreement providing that you cannot do so. In order to resolve this action and sell the property as a whole, you might consider a partition action where the court orders the property sold. I suggest that you consult with a real estate attorney about your situation.


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